If you’re working on linear or repetitive projects and want to simplify forensic delay analysis for dispute resolution, this webinar is worth viewing.
During the webinar, Dimitris Tousiakis reviews two fundamental scheduling methods, the Critical Path Method (CPM) and the Linear Scheduling Methodology (LSM), and whilst CPM is more widely used for construction programmes, the LSM is demonstrated as a more informative approach.
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.
On 28 November, 2023, an experienced industry panel reviewed the findings of our Sixth CRUX Insight Report on the challenges facing the construction and infrastructure sectors, and raised the question, how can we change behaviours and better equip ourselves by using what we have learned, rather than repeating the same mistakes?
The panel was moderated by Michael Mcilwrath, Founder & CEO, MDisputes; Chair, ICC Governing Body for Dispute Resolution Services, Michelle Metz, Partner, HKA, Dafydd Wynn Owen, Partner, HKA, John Nitties, Commercial, Planning & Project Controls Specialist, and Caroline Pope, Partner, Addleshaw Goddard
Attitudes towards women in the workplace are changing in the Gulf states – and the unlikely combination of technology and empathy can accelerate this transformation, according to pioneering female figures in construction.
How women can succeed in the industry was the theme of a webinar on 22 June 2023 jointly hosted by global risk mitigation consultancy HKA and Reed Smith, the international law firm.
Acknowledging the positive changes in the region over recent years, HKA Partner and webinar moderator Clare Lavin explored the enabling factors and remaining barriers with three women who have broken the mould while forging careers in the sector.
Digital’s empowerment
Jessika Nicolas – Regional Manager for Environment & Sustainability at KEO, and a specialist in Environment, Social and Governance (ESG) – made the case that technological change was shifting women in back-office roles to the forefront of construction projects.
Digital technologies are empowering change for the growing number of women with STEM-based expertise. “The tools have pushed gender out of the equation,” she said, evidencing that intellectual power now outweighs physical strength.
Atheel MallAllah, Senior Electrical Engineering Manager with Crown House Technologies, agreed, citing the female leadership of digital engineering within parent company Laing O’Rourke.
Jessika also affirmed the importance of emotional intelligence. Having attained management positions, women were able use empathy and kindness to strengthen team performance. These ‘female traits’ – previously perceived as weaknesses – helped to “build a team, open communication, trust and respect,” she noted.
When “everyone has space to speak”, she added, team leaders could bring out the best from different minorities and personalities, leading to better work and alternative strategies that differentiate companies in a highly competitive market.
Amanda Clack, HKA Partner, Regional CEO, EMEA and a former winner of an accolade for kindness in leadership from Women for the Future, said: “Kindness costs absolutely nothing. It’s a key skill for any leader, male or female.” As projects are all about people, kindness is also fundamental to creating a good project culture.
Change is coming
Turning to barriers for women in construction, actual and perceived, the panel acknowledged the ongoing challenges but were united in optimism about the future.
Atheel MallAllah faced enormous difficulties in several posts in Gulf countries following her arrival from Iraq in 2006. Having changed jobs amid recession, hard-earned recognition came when, after a year supervising labour on site for an Abu Dhabi MEP company, her male boss admitted his mindset regarding women in the workplace had changed. Joining Laing O’Rourke was a more significant turning point. Over the last 14 years, she has advanced within the group to leadership roles on iconic projects.
This experience confirmed Laing O’Rourke’s commitment to gender equality, and its gender diversity action plan target of parity across its international workforce by 2033. However, anecdotal evidence from new female recruits in the Middle East suggested this was still far from the norm. For example, a new construction manager had never before seen so many women in a construction firm in the region, while a health and safety specialist had sent her CV to more than 30 companies, only receiving a single invitation to interview, from Laing O’Rourke.
Modest measures
The panel offered some recommendations for increasing female recruitment and retention, and advice for women striving to succeed in the construction industry:
Companies need a clear code of conduct on gender equality, but managers must also ensure its implementation at every level of the organisation.
On sites, women should be offered special support if necessary – including a male ‘buddy’ – especially before cultural change takes root within the labour force.
Flexible working should be the industry-wide norm alongside adequate maternity leave and pay entitlement.
More women leaders and role models – and an industry spotlight on them and progressive employers – will help accelerate wider progress towards gender equality.
Aspiring women must challenge themselves and each other to ‘be the change’ by coming up with the solutions to system blocks, while also ‘being themselves’ and remaining authentic.
Female professionals in construction share the duty to inspire and encourage other women and the next generation.
Elaborating on this final message, Amanda Clack stressed that it was a privilege to be working in the built environment, improving the world for society. Her ask was that everyone working in the built environment should share their passion for their work with the next generation to help encourage top talent into the sector.
“We need storytelling for the next generation. Go out and talk to someone under 18 about why you love your job.” She added: “Climb the ladder but take others with you,” noting that the industry needed more women like her fellow panellists.
Aptly, the next webinar in the series (see below) will focus on the importance of mentoring for the advancement of women in construction.
* September 2023 – Webinar #3: Pay it forward – why mentoring and male allyship matter for women in the construction industry.
Commenting on the series, Michelle Nelson, Partner at Reed Smith, emphasised that it was crucial to inspire others through experience and enthusiasm – and demonstrating what success looks like helps others achieve it.
Alison Eslick, Senior Associate at Reed Smith, who will moderate Webinar #3, said: “In our first two webinars, we heard from women at the top of the industry on attracting and retaining female talent. In our final webinar, our panel will share their experiences, both as mentees and mentors, and consider how the industry can better embrace mentoring for the benefit of female talent”.
On 17 May 2023, in association with London International Disputes Week, we were delighted to host an ESG-focussed panel discussion as part of the LIDW theme, “Adapting to a Changing World”.
Speakers from HKA, Norton Rose Fulbright, 39 Essex Chambers, 4 New Square Chambers and Green Invesment Group discussed:
Environmental claims now not just nuisance actions, can be hundreds of millions at least, with increasing efforts to hit the parent
Climate Change has been talked of generally but not getting sharper in terms of specific valuation impacts
Accelerated decommissioning, renewables not working to plan and regulatory changes mean market change
The panel was moderated by Colin Johnson, Partner, HKA and was made up of Alex Lee, Principal, Environmental and Climate Change Lead, HKA, Holly Stebbing, Partner, Norton Rose Fulbright, Amy Armitage, Counsel, Norton Rose Fulbright, Catherine Dobson, Barrister, 39 Essex Chambers, George Spalton KC, Barrister, 4 New Square Chambers and Adrian Barnes, Head of Green Analytics, Green Investment Group.
On 18 May, at Quadrant Chambers in association with London International Disputes Week, HKA joined an aviation and space panel discussion where our speakers looked at where things go wrong and what can be done about it.
The panel discussed the increase in commercial space activity over the past years and how this has given rise to new legal challenges.
There was focus on “The impact of Safety Leadership on what goes wrong”, “How the organisation can drive what goes wrong” and “The accident equation, the variability of human error – designs that fail safe.”. They also covered what issues they have encountered in damages assessment involving planes, rockets and satellites; and how the industry presents a set of unique challenges, and how the existing damages framework can be adapted and used for damages in such cases.
Below are the timestamps in which the experts began speaking on various topics:
An introduction to the satellite and rocket legal scenario – Rachel O’Grady: 4:07
Commercial strength of the market – Olesya Prantyuk: 7:18
An introduction to the satellite and rocket legal scenario [continued] – Rachel O’Grady: 9:45
Problems and benefits of the legal framework in the context of damages – Olesya Prantyuk: 21:39
Introduction to experience in conventional and ‘old-fashioned’ aviation and space – Anthony Charlton: 30:30
Thoughts on operational safety management in aviation and space – Lloyd Watson: 36:45
What other industries have learned from aviation in terms of management and the treatment of incidences and commodities. The lessons learned to be rolled out to other industries – Lloyd Watson: 41:35
When controlled flight into terrain was recognised as a human factor problem – Lloyd Watson: 43:57
Further experience regarding experience disputes in the airline industry – Anthony Charlton: 47:33
On 27 April 2023, members of our Forensic Technical Services’ structures team presented the technical and practical aspects of their involvement in construction disputes. We highlighted four key phases of the structural engineering expert’s role and hope to foster a lively discussion of how and why structural engineering advice and evidence can be used in a dispute context.
Analyse: the role of the structural engineer
Communicate: turning complex ideas into clear, concise reporting
Articulate: the challenges of joint meetings and cross-examination for an engineer
Collaborate: a speaker from HKA’s delay team discusses the value of technical input
On 25 April 2023, we held the second of the series of HKA ‘Breakfast Bite’ events in London, where the speakers explored various types of programmes and their significance in project planning and execution. They delved into the critical path – a fundamental aspect of any programme, and explain why identifying it is important. In addition, they discussed how delay events can impact the critical path and its relation to EOT (Extension of Time). The speakers showcased examples to demonstrate how the critical path can switch from one activity to another and explore programme deficiencies and their impact on the critical path.
The introduction was made by Russell Bates, Principal with Haris Katostaras, Director, presenting on the analysis perspective of critical path, and our guest speaker David Sawtell, Barrister, 39 Essex Chambers, provided the view from a legal perspective.
Below are the timestamps in which our experts began speaking:
HKA and ICAK hosted a seminar on avoiding engineering pitfalls in oil & gas projects – engineering experts’ opinions on the most common disputes that arise and how to avoid them.
Our engineering experts will share from their rich oil & gas project experience and answer frequently asked questions on what a contractor should anticipate and prepare for in setting their construction project up for success.
This seminar is part of a series on avoiding engineering pitfalls in construction projects.
Benjamin Highfield is a Chartered Civil Engineer and a claims and disputes specialist at HKA. He has more than 15 years’ major project experience in the construction industry, spanning buildings, transportation infrastructure, oil and gas, power and water markets. Additionally, he regularly advises clients on commercial and contractual matters, as well as claims management and dispute resolution.
Benjamin has led teams on multiple oil and gas, water and power projects and has negotiated high value settlements with major governmental organisations. With his extensive experience of many of the major standard forms of contract, he has been employed by government bodies and large private companies to advise on a range of broad and diverse matters.
Benjamin is an experienced delay and quantum analyst and has prepared multiple claims for extension of time, disruption, prolongation and acceleration. He has drafted detailed contractual arguments for disputed variations, termination, suspension and arbitration amongst others. He is a Member of the Institution of Civil Engineers and a Fellow of the Chartered Institute of Arbitrators.
An Ho Koh is a Partner at HKA, based in Seoul, Korea. An Ho has over 25 years of experience in contract management, cost analysis, project scheduling and progress management, preparation of claims, arbitration and litigation.
He has held various construction and contract management positions with contractors in Korea, Pakistan, Philippines and the UAE, where he has been resident for the past ten years. An Ho is a specialist in preparing contractual claims seeking entitlement for both time and cost. An Ho has developed his skills and is well versed in progress management, estimation and proposal preparation, construction management, contract management and claim management.
His experience portfolio includes mega scale express highways, buildings, oil and gas, power plants, wastewater treatment plants, desalination plants, submersible drilling rigs and offshore platforms.
Kevin Slater Technical Director, HKA
Kevin is a chartered engineer and chartered marine engineer with over 38 years’ combined experience in the offshore upstream Oil & Gas industry, including power generation, mining and construction. He has more than 25 years’ experience specialising in integrated subsea systems and subsea control systems for clients in the UK and around the world. Kevin also has many years’ hands-on experience as a Technical Assurance and Lead Controls Systems Engineer for a number of major oil companies and contractors across the UK and Europe. He has developed an excellent technical ability gained from a diversity of projects from various industries. Kevin uses proven and robust commercial acumen to manage, drive and deliver value on major and complex projects.
Should you have any questions on the seminar topic or registration, please contact CrystalLim@hka.com.
HKA Tech is delighted to co-host Technology that Drives Construction Management with Primaned on 5 March.
INTRODUCTION
(An extract from the event page) PMWeb is the world’s leading Capital Construction Portfolio, Program and Project Management Software Solution. The world’s top organisations are selecting PMWeb because of its comprehensive features, functionality, and ease of use. Since 2007, PMWeb has been used by tens of thousands of global users to manage their Plan | Build | Operate lifecycles. HKA Tech and Primaned focus on delivery of the PMWeb software solution for management of capital works projects throughout their lifecycle – from concept, through delivery, to long-term asset management. In 2011 the National Health Service established a new organisation to bring property and facilities management expertise to the NHS estate. The organisation embarked on an ambitious business transformation programme. The programme was to feature the implementation of new technology for real estate management. Join us with key figures from the NHS who will share the challenges and benefits of the programme. They will look at the key successes resulting from their project and their work with PMWeb.
AGENDA
13:00-14:00 Welcome and lunch 14:00-15:00 Participate in a round table or meet a PMWeb expert
Using BIM to enable better project selection
Improving interface management on construction projects
15:00-15:10 Start of PMWeb event – welcome and introductions 15:10-16:30 Customer success stories by:
Speaker 1: NHS Property Services guest speaker will explain how technology helped shape a new organisation, NHS Property Services
Speaker 2: Learn how one of the largest German real estate developers manages their project controls from plan, to build, to operate. Mark Gough, Senior Controller, Art Invest
Speaker 3: The big three. Stories about how PMWeb has been implemented at one the world’s largest financial institutions, one of the world’s largest tech companies and also at one of the world’s best-known entertainment companies. Konstantine Tonas, Principal, HKA Tech
16:30-17:00 PMWeb presentation and product deep dive 17:00-18:00 Reception with drinks and canapes
ABOUT THE SPEAKERS
Two customer success stories will feature at the event. Firstly, a NHS Property Services guest speaker will explore how technology helped shape a new organisation. The second speaker, Mark Gough, a senior controller at Art Invest, will explain how one of the largest German real estate developers manages their project controls. HKA Tech’s Konstantine Tonas will discuss how PMWeb has been implemented within the ‘big three’; at one the world’s largest financial institutions, one of the world’s largest tech companies and also at one of the world’s best-known entertainment companies.
BOOK YOUR PLACE
To find out more and register visit the event page.
HKA and the Chartered Institute of Building (CIOB), Singapore hosted a seminar on avoiding engineering pitfalls in Buildings & Infrastructure projects – engineering experts’ opinions on the most common disputes that arise from construction projects and how to avoid them.
Legal issues are further complicated by varying and changing laws and regulations in different jurisdictions. Our legal and engineering expert speakers answered frequently asked questions on what a Builder should anticipate and prepare for in setting their construction project up for success.
Our expert speakers will cover the following key topics including tips and examples:
Most common disputes arising from buildings and infrastructure projects and how to avoid them
Legal liability for engineering defects (including recent cases in Singapore on defects)
This seminar is part of a series on avoiding engineering pitfalls in construction projects.
Peter Caillard is a Chartered Civil Engineer with over 35 years of experience in the construction industry. He is widely experienced in the design and construction of highways, transport and infrastructure projects.
Peter has managed projects through all stages of construction from preliminary design through to final account using a variety of forms of contract. He has been engaged with projects throughout the world including the UK and Europe, the Middle East, Africa, and North America, and his experience covers all aspects of design and construction including highway geometry, road pavement construction, drainage, earthworks, highway structures, public utilities, and materials testing. He is also experienced in transport planning, both for public infrastructure projects and private developments.
Peter has also undertaken research projects on behalf of the Department of Transport, and has developed draft technical standards both in the UK and overseas. He has also executed safety audits for a wide range of projects and led investigations into road traffic accidents in the UK, followed by preparation of reports for litigation.
He has undertaken forensic investigations relating to engineering disputes on many occasions and testified at dispute hearings and planning inquiries, including planning appeals, arbitrations, and mediations. He gave evidence to the House of Commons Select Committee during the passage of the enabling legislation for the Channel Tunnel Rail Link.
Christopher Chuah is a Partner in the Infrastructure, Construction & Engineering, International Arbitration, China and Myanmar Practices. In January 2018, Christopher was amongst the inaugural batch of select practitioners to be appointed Senior Accredited Specialist in Building and Construction Law by the Singapore Academy of Law.
His main areas of practice encompass both front-end drafting/advice and construction disputes, in litigation, arbitration and statutory adjudication. He is a leading light in the field of building and construction law and has authored various books on this subject. He is one of the General Editors of the Singapore Construction Adjudication Review.
Christopher is a legal advisor to the Singapore Contractors Association Limited (“SCAL”), Singapore Institute of Architects (SIA) as well as a member of the Committee for International Construction and Building Contracts. He is a Fellow of the Singapore Institute of Arbitrators and Chartered Institute of Arbitrators, as well as the Chartered Institute of Building. He has also been appointed to the Singapore International Arbitration Centre’s Main Panel of Arbitrators and is also on the Panel of Arbitrators of the Asian International Arbitration Centre (AIAC). Christopher is an accredited adjudicator under the Building & Construction Industry Security of Payment Act (Cap 30B), who is part of the first group of such appointments. He is a member of the Construction Adjudicator Accreditation Committee which was formed by the Singapore Mediation Centre (“SMC”) to assist with the training and accreditation of adjudicators. He is also a member and a Senior Adjudicator of the SMC Professional Conduct Panel. Christopher has also been appointed as the Chairman of the sub-committee of SMC’s Construction Adjudicator Accreditation Committee to provide guidance to SMC on issues relating to the replacement of adjudicators and conflicts of interest that may arise in the course of administration of cases under the Building and Construction lndustry Security of Payment Act.
Christopher is an Adjunct Associate Professor in construction law at the Law Faculty of the National University of Singapore.
Christopher also has extensive experience in overseas and international projects. He had recently sat as Chairman of a Dispute Adjudication Board to hear disputes in excess of MYR 1 billion arising out of a power plant project in Malaysia and acted for an international contractor in challenging the enforceability of a DAB decision arising out of a geothermal project in the Philippines.
Christopher graduated from the London School of Economics. He is admitted to the English Bar and to the Singapore Bar. Apart from a law degree, Christopher has a Diploma in Surveying (Distinction) from the College of Estate Management, Reading, UK.
Bill Haggart is a Chartered Engineer with 30 years of experience in the field of building services engineering (MEP). He has been appointed as a technical expert witness on several occasions.
Bill has acted as technical expert, assistant to the named expert and as part of multi-disciplinary expert teams for disputes across Asia, Australia, Europe and the Middle East. He has given evidence in arbitrations, written technical expert reports and participated in expert meetings for projects with values in excess of US$500 million and for disputed sums in excess of US$50million.
Bill has extensive experience in the design, specification, monitoring and inspection of MEP systems for buildings and infrastructure projects in commercial, retail, defence, leisure, health, education, aviation and transport sectors. He has a thorough understanding of the interfaces and interdependences between the different MEP disciplines and systems involved in the design and construction of buildings and infrastructure projects.
Bill has held senior positions in large, multi-disciplinary, international design and consulting engineering practices working on local, national and international projects; including successfully managing long-term frameworks for local authorities. He has worked with a variety of forms of contract and procurement routes ranging from PPP and PFI to NEC3, design and build, and prime contracting.
Bill is a member of the Institution of Engineering and Technology, Chartered Institution of Building Services Engineers, Academy of Experts and an associate member of the Chartered Institute of Arbitrators.
Dr Kourosh Kayvani is a Chartered Professional Engineer with over 30 years of experience. He has been appointed as a technical expert, and supported the named expert, on numerous occasions.
Kourosh has been cross-examined in litigation and has delivered expert reports for disputed projects and structural failures in long-span roofs and industrial processes and infrastructure.
Kourosh’s experience spans academia, expert advisory, expert witness roles, and engineering practise. He has played leading roles in the design and delivery of many innovative, complex, and award-winning projects across Australia, New Zealand, Asia, the UK, the Middle East, and Africa. His project portfolio includes Wembley Stadium in London, West Kowloon Terminus in Hong Kong, 5 Martin Place commercial tower and Bankwest Stadium in Sydney, ANSTO OPAL nuclear reactor at Lucas Heights near Sydney, and Melbourne Star Observation Wheel, amongst many others.
Kourosh’s expertise involves structural analysis, design and construction engineering of sports stadia, tall buildings, cable-supported structures and bridges, long-span roofs, telecommunication towers, and impact-resistant and vibration sensitive facilities. He has specialised experience in finite element analysis (FEA), wind engineering, aseismic design, fatigue assessment, and development of design codes and standards.
Kourosh is a fellow, and board director, of Engineers Australia, a fellow of the Australian Academy of Technology and Engineering, an adjunct professor at the University of Sydney’s School of Civil and Environmental Engineering, and a board director at the Australian Steel Institute. He has received numerous awards and plaudits for his structural engineering prowess, with particular emphasis on his contribution to long-span structures worldwide. Kourosh has also served as member of Standards Australia’s code committees for concrete structures (AS3600) and wind loads (AS1170.2) for many years.
Benjamin Highfield is a Chartered Civil Engineer and a claims and disputes specialist at HKA. He has more than 15 years’ major project experience in the construction industry, spanning buildings, transportation infrastructure, oil and gas, power and water markets. Additionally, he regularly advises clients on commercial and contractual matters, as well as claims management and dispute resolution.
Benjamin has led teams on multiple oil and gas, water and power projects and has negotiated high value settlements with major governmental organisations. With his extensive experience of many of the major standard forms of contract, he has been employed by government bodies and large private companies to advise on a range of broad and diverse matters.
Benjamin is an experienced delay and quantum analyst and has prepared multiple claims for extension of time, disruption, prolongation and acceleration. He has drafted detailed contractual arguments for disputed variations, termination, suspension and arbitration amongst others. He is a Member of the Institution of Civil Engineers and a Fellow of the Chartered Institute of Arbitrators.
Should you have any questions on the seminar topic or registration, please contact CrystalLim@hka.com.
