Technology

Engaged to perform independent delay and quantum expert services for a US$7.9bn medical and research facility, the first in the Middle East, following termination of the joint venture contractor for late completion and missed deadlines. Provided expert advice on all aspects of termination proceedings, including validity of term, original cost verification and costs to completion for the 400-bed hospital, committed to providing world-class, patient-focused tertiary health care for women and children in an ultra-modern facility.

Appointed as expert to resolve complex, concurrent delay issues on a US$330m power plant expansion project on the coast of Ghana, the country’s first independent power plant. Expansion involved conversion of an existing gas-fired plant into a combined-cycle unit with the addition of two heat recovery steam generators, a steam turbine generator and a seawater desalination plant, increasing plant capacity from 220MW to 330MW. Issues included concurrent Employer and Contractor delay events and uncertainty about the status of ‘live’ project works.

Instructed in the High Court case AFD Software v DCML Ltd to investigate a licensing dispute involving software enabling access to the Royal Mail’s postcode database for use in the automotive industry. Investigations focused on software copyright infringement via the replication of proprietary source code in memory when using the software, the basis upon which a £14.1m claim was calculated, and analysis of technical validity of the argument.

Provided delay and quantum expert services relating to the terminated construction of a deep-water, multi-purpose offshore construction vessel at a fabrication yard in Eastern Asia. The vessel was designed to serve deep water and SURF (subsea umbilicals, risers and flowlines) markets as well as shallow water. Design and programme delays and performance issues led to eventual cancellation of the shipbuilding contract by the Employer. Produced a critical path analysis and independent delay and quantum expert reports.

Instructed to provide quantum expert services for underground civils works associated with a US$3.5bn pumped-storage power station in an extremely sensitive ecosystem in Southern Africa. The 1,332MW hydroelectric scheme comprises upper and lower dams 4.6km apart, connected by underground waterways passing through a subterranean power house with 4 x 333MW generators. Key issues investigated included NEC principle dispute on valuation methodology, challenge to adjudicator's decisions, and disputed variations.

Appointed to produce independent expert report on issues relating to the engineering, procurement and construction (EPC) of a 630,000m³ onshore oil tank farm in Southern Europe. Associated facilities included pump station, substation, control/administration buildings, and truck loading facilities, together with jetty extending 1.5 km offshore, including topside facilities, mooring and loading platforms, marine loading arms, and associated pipework and civil works. Expert report considered variations, extension of time, design changes and delays to the EPC works.

Appointed to perform expert services associated with defective steelwork on a newly-built television studio in the north of England. Works on the 3.25-hectare plot were procured on a Construction Management basis with the Employer appointing the design team, consultants and trade contractors separately. Delay and quantum reports identified critical path activities and traced specific costs of each party resulting from defective steelwork design, discovered whilst works were in progress.

Assessed delays associated with the refurbishment of a multi-storey hotel into high-end residential accommodation in a prime UK city centre location. Works involved demolishing the existing roof and top-level structure and adding two new steel-framed timber floors. The facade was to be retained, and a live business on the ground floor was to remain unaffected throughout the works. Issues included complex design issues, steel design and unknown existing structural defects.

Appointed as programming and quantum expert to investigate delays to the construction of a 235m, three-tower complex in the United Arab Emirates. The fully integrated, mixed-use development featured three connected towers incorporating commercial office space, residential apartments, high-end retail outlets, sky gardens and a five-star hotel. Slow progress to the works resulted in contract termination. Considerations included analysis of delays to each of the contractual milestones and incurred costs.

Provided expert delay analysis of construction of a single-storey, 108-bed community hospital in Wales, UK, on the site of a former factory unit. Key issues contributing to the 18-month delay included adverse weather conditions, weather tightness, steelwork delay, water ingress and MEP requirements. Undertook detailed review of site diaries and other contemporaneous information to deduce the as-built programme and actual critical path. Findings were used to produce an independent delay analysis report, which resulted in a favourable outcome for our client.

Instructed to provide expert opinion on proximate cause following disruption to the power supply at a UK healthcare facility. A fault occurred on the main incoming power supplies resulting in consequential loss of power to the building’s Uninterruptable Power Supply (UPS) and delays to the initial power supply works. Analysis of contractual delay clauses, procedures adopted by various parties involved and relevant maintenance schedules were carried out.

Performed expert delay analysis on mechanical, electrical and plumbing (MEP) subcontract works at a US$1bn, 16-hectare university campus and student residence in the Middle East. A major academic, research and creative centre, the 1,350-student campus comprises state-of-the-art classrooms, library, IT facilities, laboratories, academic buildings, student residences, and athletic and performance facilities. Key issues considered included Issued for Construction (IFC) and shop drawings, labour resources, load demand notification and MEP coordination.

Performed expert delay analysis of critical path activities at one of Europe’s largest mixed-use urban regeneration projects in London, England. The transformational scheme, involving refurbishment and new construction, created a new cultural, retail and residential district in the capital. Delay issues included scope changes, permit and licence requirements, structural steelwork, and late party wall agreement. Expert report compared progress achieved in each of five buildings, as well as analysis of remaining duration and projection to establish project critical path.

Appointed to produce an independent expert report on the delays experienced on the Cambridgeshire Guided Busway project, known locally as “The Busway”, the longest guided busway in the world. The 25km route, which utilises a disused railway alignment, connects Huntingdon, St Ives and Cambridge. Expert findings were presented during mediation where the main Contractor was claiming an additional £90m. The parties agreed an out-of-court settlement to cover defects and extra work, with the main Contractor repaying £42m to Cambridgeshire County Council.

Produced independent delay and quantum expert report for a dispute concerning claims and counterclaims arising out of contracts for the construction of a 160,000m2, four-storey maintenance hangar, a significant supporting element of Qatar’s new Hamad International Airport. The facility is one of the largest of its type in the world and can accommodate 12 aircraft simultaneously, including five Airbus A380s, the world’s largest passenger aircraft. The delay and disruption dispute proceeded through ICC arbitration.

Instructed to perform expert quantum services for a proposed greenfield airport terminal and links to an existing airport in Eastern Africa, following contract termination by the Airports Authority. The planned 178,000m2 terminal comprised a central passenger processing centre, airside concourse, airline lounges, baggage handling systems and staff offices, increasing annual capacity to 13m passengers at one of Africa’s busiest aviation hubs. Quantum services included analysis of payments made and works completed by the Contractor before suspension of the works.

Performed initial review and produced report on opposing party’s delay analysis methodology for a major oil field redevelopment in the Middle East. Project involved initial production facilities to process crude oil, associated gas and water from wells on three different sites, contributing to increased oil production. Following review, identified flaws and inconsistencies within the opposing delay analysis report and provided comments on our Client’s internal analysis of the same issues.

Instructed to provide independent expert programming advice relating to the construction of a 399km section of a six-lane toll highway in North Africa. The US$5bn section, which includes 190 bridges and viaducts and five tunnels, is the largest of three project sections which together total 1,200km at a cost of US$11.2bn – one of the world’s largest public works projects. Performed a detailed critical path analysis of the framework contract scope of works and prepared an independent expert report. 

Tribunal-appointed quantum expert witness services under cross-examination to resolve a dispute between a Main Contractor and one of its Subcontractors. Dispute arose on a re-measurement contract for a 2.5MMSCFD gas liquefaction plant at a major oil refinery in the Middle East. Ascertained relevant, contemporaneous documentation, analysed multiple heads of claim, and commented on incorrect claimed values. Provided expert report and clear responses to the tribunal, resulting in well-reasoned decisions and adoption of values and opinions put forward.

Produced independent delay expert report for an adjudication hearing on an extension of time claim arising from the engineering, procurement and construction of a US$28m overground railway capacity improvement programme in North London, England. The project involved modifications to the train maintenance depot, additional sidings and a terminal headshunt to accommodate longer, five-car trains and deliver a 25% increase in capacity. Key issues included limited access and limited working hours due to isolation problems.

Instructed to produce expert report to assess the fitness for purpose of a household appliance manufactured by a multinational company. Investigation concentrated on whether the semi-conductor device was faulty, whether it was being used outside its specification, and whether the designers and suppliers were entitled to reasonably rely upon the position that selected components should be able to fail in a safe manner, even if the design of the appliance was sub-optimal.

Delay expert services for a 30MW onshore wind farm project delivered on a remote peat moorland in the North West of England, which has a special set of environmental, social and economic sensitivities. The 12-turbine site has since been nominated as a Site of Special Scientific Interest (SSSI). Produced an independent expert report for an adjudication hearing regarding project delay and an extension of time claim.

Appointed to perform expert quantum and delay services relating to the US$30m construction of a modularised hotel at a seaside resort on the south coast of England. The seven-storey building, comprising 215 hotel rooms and 29 apartments, used a lightweight modular construction system to save on costs and materials. Reviewed issues relating to scope changes, prepared daily design, manufacture and installation ‘as-built’ programme, and produced and analysed detailed progress curves for an adjudication hearing.

Instructed to provide IT and project delivery expert witness services in the case of David MacBrayne Ltd v Atos IT Services (UK) Ltd, held before the Outer House of the Scottish Court of Session, concerning failed implementation of a new ferry ticketing system for a fleet of 33 vessels serving 53 ports throughout Scotland’s Hebridean and Clyde islands. Following contract review, considered primary causes of delay and failure and key dispute issues, including delivery methodology (‘Agile’ vs. ‘Waterfall’).