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IT Group carries out expert analysis of all aspects of technology, data security and telecommunications disputes

Operating globally, our IT Group team has worked on some of the world’s largest technology disputes. With hands-on experience across the delivery life cycle and in multiple industries, we advise on a wide variety of client and supplier failures in relation to technology business transformations and implementations.
Typically, we are analysing and measuring issues such as delay, overspend, best practice and fitness for purpose. Our team can be involved at every stage of a dispute, from the initial identification of technical issues and the writing of expert witness reports to the provision of oral testimony in litigation, arbitration and adjudication. We also offer pre-action advice to help avoid disputes and to inform negotiations.
We advise on data and security issues, such as GDPR and cybersecurity as well as providing opinion on whether warranties relating to technical deliveries, IT systems and licensing have been breached, advisory services in intellectual property disputes and, in particular, disputes relating to software copyrights.
Selected Expert projects

Health Care
Expert support for ultra-modern Gulf medical and research megaproject
Engaged to perform independent delay and quantum expert services for a US$7.9bn medical and research facility, the first of its kind in the Middle East ...
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.

Utilities
Delay issues resolved on West African thermal power plant expansion
Appointed as expert to resolve complex, concurrent delay issues on a US$330m power plant expansion project in Ghana, the country's first independent power project ...
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.

Consumer Goods & Services
Investigation of software licensing dispute involving alleged copyright infringement
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 ...
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.

Oil & Gas
Expert reports for terminated deep-water offshore vessel fabrication contract
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 ...
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.

Utilities
Quantum support for eco-friendly Southern African hydro scheme
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 ...
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.

Oil & Gas
Investigation of delays on Southern European oil tank farm
Appointed to produce independent expert report on issues relating to the engineering, procurement and construction of an onshore oil tank farm in Southern Europe ...
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.

Construction & Engineering
Structural steelwork issues resolved at new TV studio site
Appointed to perform expert services associated with defective steelwork on a newly-built television studio in the north of England ...
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.

Construction & Engineering
Analysis of complex refurbishment of multi-storey, city centre building
Assessed delays associated with the refurbishment of a multi-storey hotel into high-end residential accommodation in a prime UK city centre location ...
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.

Construction & Engineering
Lengthy mixed-use skyscraper progress leads to works termination
Appointed as programming and quantum expert to investigate delays to the construction of a 235m, three-tower complex in the United Arab Emirates ...
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.

Health Care
Favourable outcomes from expert delay analysis on community hospital
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 ...
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.

Technology
Expert electrical opinion in hospital power supply dispute
Instructed to provide expert opinion on proximate cause following disruption to the power supply at a UK healthcare facility ...
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.

Construction & Engineering
MEP works at state-of-the-art university campus and student residence
Performed expert delay analysis on mechanical, electrical and plumbing (MEP) subcontract works at a US$1bn university campus and student residence in the Middle East ...
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.

Construction & Engineering
Critical delay analysis of major city regeneration scheme
Performed expert delay analysis of critical path activities at one of Europe’s largest mixed-use urban regeneration projects ...
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.

Transportation
Longstanding bus rapid transit scheme dispute settles after mediation
Appointed to produce an independent expert report on the delays experienced on the Cambridgeshire Guided Busway project, the longest guided busway in the world ...
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.

Transportation
ICC arbitration settles iconic aircraft hangar facility dispute
Produced independent delay and quantum expert report for a dispute arising from construction of a four-storey maintenance hangar at Qatar’s new Hamad International Airport, one of the largest of its type in the world ...
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.

Transportation
Contract termination at greenfield airport terminal site in Eastern Africa
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 ...
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.

Oil & Gas
Review of delay methodology for major oil field redevelopment project
Performed initial review and produced report on opposing party’s delay analysis methodology for a major oil field redevelopment project in the Middle East ...
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.

Transportation
Critical path analysis of North African highway megaproject
Instructed to provide independent expert programming advice relating to the construction of a section of a six-lane toll highway in North Africa, one of the world’s largest public works projects ...
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.

Oil & Gas
Clarity from complexity on major refinery unit contract dispute
Tribunal-appointed quantum expert witness services to resolve a dispute arising on a gas liquefaction plant at a major oil refinery in the Middle East ...
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.

Transportation
Adjudication resolves delay issues on railway capacity improvement project
Produced independent delay expert report for an adjudication hearing arising from construction of a US$28m overground railway capacity improvement programme in London, England ...
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.

Consumer Goods & Services
Expert analysis of household appliance responsible for series of fires
Instructed to produce expert report to assess the fitness for purpose of a household appliance manufactured by a multinational company ...
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.

Utilities
Sustainable wind farm delays resolved through adjudication
Delay expert services for an onshore wind farm project delivered on a remote peat moorland in the North West of England with special environmental, social and economic sensitivities ...
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.

Construction & Engineering
Delay analysis helps resolve disruption issues on iconic modularised hotel
Appointed to perform expert quantum and delay services relating to the construction of a modularised hotel on the south coast of England ...
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.

Consumer Goods & Services
Expert technology opinion for digital island ferry ticketing dispute
Instructed to provide IT and project delivery expert witness services in the case of David MacBrayne Ltd v Atos IT Services (UK) Ltd, concerning failed implementation of a new ferry ticketing system...
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’).
Our sectors
Integrated knowledge and expertise spanning global industries and sector
Our experts have advised on complex projects throughout the Americas, Europe, Africa, Middle East, Asia and Australia, that span the entire spectrum of global industries, sectors and subsectors.