Claims and dispute causation on engineering and construction projects: ‘Forewarned is Forearmed’– Anticipating challenges to be at our best

Event Details
Date & Time
28 November 2023 10:00 - 11:00 GMT



In today’s volatile environment, all those involved in infrastructure and capital projects need to keep a wary eye out for tomorrow’s threats. Effective risk management must also be informed by yesterday’s lessons too. Especially when objective evidence of recurrent lapses in project planning and execution, and their impact, is laid bare. 

Like major infrastructure and capital projects themselves, the web of causes entangling budget and schedule overruns is complex. Our Sixth Annual CRUX Insight Report sheds further light on that complexity.

The heart of CRUX is our analysis of the underlying causes of claims and disputes. We have distilled the findings of HKA consultants’ investigations on major projects worldwide. This dataset now covers 1,801 projects in 106 countries with a cumulative capital expenditure (CAPEX) value of $2.247 trillion.

Join HKA and experienced industry panellists, reviewing the findings of our Sixth CRUX Insight Report on the challenges facing the construction and infrastructure sectors, and raising the question, how can we change behaviours and better equip ourselves by using what we have learned, rather than repeating the same mistakes?  Being ‘Forewarned is Forearmed’


Michael Mcilwrath, Founder & CEO, MDisputes; Chair, ICC Governing Body for Dispute Resolution Services

Michael lives in Florence, Italy. He is CEO and Founder of MDisputes Srl, a company that provides in-house counsel support for international disputes. He is also Chair of the Governing Body for ICC’s Dispute Resolution Services, a member of the IBA’s Mediation Committee, and an adjunct professor at Bocconi Law School. He previously spent over 22 years as the head of litigation of multinational companies in the energy industry, most recently as Vice President of Baker Hughes Company and before that with General Electric


Michelle Metz, Partner, HKA

Michelle is a planner by training and has over 30 years’ experience in the construction industry. She has worked on a wide range of projects and acted as a delay expert and expert assistant on multiple occasions.

Michelle has acted as an expert, or expert advisor, on complex projects in dispute. This experience has been gained on a range of projects including the construction of pharmaceutical facilities, LNG refineries, power plants, rolling stock, roads, rail, tunnelling, airports and building projects. She has experience as a party-appointed delay expert and has given oral evidence to arbitral tribunals in Hong Kong, Poland and in Zurich.

Dafydd Wynn Owen, Partner, HKA

Dafydd is a Partner with HKA and leads HKA’s Advisory business across the Europe, the Middle East and Africa.

Dafydd has over 25 years of international experience providing strategic advice on the development, procurement and delivery of major infrastructure programmes and managing the implementation of complex change. He has particular experience in the government, transport, infrastructure, water, energy and entertainment sectors.

Dafydd has worked in the public and private sectors as a client, a consultant and a contractor. This means the strategic advice he provides is based on practical lived experience. He has exceptional communication skills with particular experience in advising senior executives in Government.

Dafydd has been at the forefront of driving industry change, particularly around increasing industry productivity, collaborative contracting and innovative procurement.

Among others, he supported Sydney Water to embed the principles of Project 13 into its market leading Partnering 4 Success initiative, Project 13’s first International Early Adopter, has led the creation of innovative delivery models for numerous major asset owners globally, and led the development of the landmark Delivering Outcomes report for Infrastructure Australia, which sets out a roadmap to increase the productivity of the infrastructure sector over the next 15 year.

He has also undertaken strategic reviews of some of the world’s largest and most complex projects and been Partner in Charge for the delivery of numerous mega projects.

John Nitties, Commercial, Planning & Project Controls Specialist
Quals:  Diploma – Accounting, Cert – Business Accounting (CIMA), Grad Cert in Executive Leadership, MRICS

John is an experienced professional within the construction industry having held Executive Commercial and Finance positions. John’s career spans globally having worked throughout the UAE, Hong Kong, Australia, the UK and Canada predominantly working with major international contractors. He has extensive experience in several sectors, which drives his passion to augment delivery models within the region, whereby all stakeholders achieve their aspirations.

Caroline Pope, Partner, Addleshaw Goddard

Caroline has over 35 years’ experience in litigation, arbitration, adjudication and ADR processes particularly mediation and expert determination. She spends a considerable amount of time providing clients with project claims advisory work to help clients avoid the issues arising during projects developing into full scale formal proceedings. She acts for clients from all sides of the engineering and construction industry, principally in complex technical engineering disputes. She spent 2.5 years in the Middle East where she established a successful construction and engineering practice in the region.

She has particular experience in handling disputes for utilities (water and electricity), tunnelling and pipelines. She has been involved in disputes on many iconic construction projects including major multiparty commercial property, PFI, retail, shopping centers and large office developments. She understands the importance of careful management of experts to obtain robust technical advice to inform strategic decisions about case management and settlement.

Caroline has been recognised as a leading construction and engineering lawyer in the directories for many years.

Event Details
Date & Time
28 November 2023 10:00 - 11:00 GMT



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