Hear our speakers discuss project stoppage or suspension from a contractual and commercial damages perspective. Each construction project brings its own unique risks and challenges. Our speakers will share from their experience and answer frequently asked questions on what a contractor should expect and prepare for when restarting a suspended project.
Our expert speakers will cover the following key topics including tips and examples: • Contractual and commercial issues to consider in relation to project suspension • Measuring consequential losses
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.
Hamish Egan is a Chartered Accountant and a Chartered Financial Analyst (CFA) Charterholder with more than 15 years of experience including forensic accounting, business valuation, audit and corporate finance.
Hamish specialises in forensic accounting on complex contentious matters and has been appointed as an expert forensic accounting witness, acting as an expert on a matter with disputed values of up to US$125 million. He has worked across multiple forums ranging from international arbitration and court litigation, to mediation.
Based in Singapore for almost a decade, Hamish’s forensic accounting experience includes business valuations, arising from shareholder, M&A and post-acquisition disputes; estimation of loss of profits, arising from alleged breaches of contracts, agreements and insured events; and the analysis of complex accounting information.
Hamish has worked across various sectors including oil and gas, energy, mining, financial services, manufacturing, food, and services; with clients or assets in jurisdictions across Asia including Singapore, Malaysia, Indonesia, Philippines, China, Vietnam and Thailand. He also worked for the sovereign wealth fund of Singapore, where he was involved in developing the firm-wide valuation policy and reviewing the valuations of private equity investments.
Hamish holds a degree in economics and finance and a diploma in accounting. He is a member of the CFA Institute and the CFA Society of Singapore as well as the Chartered Accountants Australia & New Zealand.
Parties are often all too keen to rush into the valuation of loss, without establishing the strength of their case by reference to legal advice and engineering advice. This seminar addresses a more strategic approach in which legal and engineering expertise is involved from the early stages of a dispute, and considers how that can create a stronger foundation for a successful outcome.
1. Technical/ engineering aspects: Why getting a technical/ engineering opinion is a precursor to success The use of complex technological/engineering solutions is an every day part of the delivery of construction projects, but when they go wrong, as is more frequently the case, massive losses can occur. This part of the seminar addresses how to use engineering and technology experts to position one’s case favorably in a construction dispute.
2. Legal aspects: With complex solutions come challenging obligations This part of the seminar considers how to find a way through the legal minefield of technical performance obligations in the construction space and provides practical guidance for the safe and effective utilisation of expert evidence in the context of an actual or potential dispute.
3. Panel discussion: Effective use of technical and engineering experts in construction disputes
Please note the webinar was conducted largely in English, with some sections in Korean.
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.
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.
Matthew Christensen is a senior foreign attorney in Kim & Chang’s International Arbitration & Cross-Border Litigation Practice.
Throughout his career, Mr. Christensen has acted for a broad range of private and public sector clients in dozens of substantial international arbitration cases under the rules of major arbitral institutions, including many disputes arising from international construction, infrastructure and energy projects.
Mr. Christensen currently serves as Co-Chair of the International Construction Projects Committee of the Inter-Pacific Bar Association and has been recognized as a “Thought Leader” for Construction as well as a leading lawyer in international arbitration and mediation by Who’s Who Legal (WWL). In addition, he is regularly recognized as a leading lawyer in Korea for international arbitration by Chambers Asia-Pacific and Legal 500. For his contributions to the practice of international arbitration in Korea, Mr. Christensen received a special commendation from the Ministry of Trade, Industry and Energy (MOTIE) in 2015.
An Ho Koh Partner and Head of Operations Korea HKA
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.
Jae Ha Kwon is a foreign attorney in the International Arbitration & Cross-Border Litigation Practice at Kim & Chang, with expertise in arbitration and court proceedings and a particular focus on disputes in the energy, construction, infrastructure and transport sectors.
Ms. Kwon obtained her B.Sc. degree in Economics from University College London in 2007, and her LL.B. from the University of Law, England and Wales in 2009. She is admitted to the Senior Courts of England and Wales. Ms. Kwon is a member of the British Korean Law Association and a member of the Anglo-Korean Society.
Dami Park is a foreign attorney in the International Arbitration & Cross-Border Litigation and Construction & Engineering Disputes Practices at Kim & Chang.
She has extensive experience in the various contracts, claims, and disputes in relation to the construction/energy industry.
Prior to joining Kim & Chang, Ms. Park was the head of the overseas legal team at Doosan Heavy Industries & Construction Co., Ltd. where she worked from 2010 to 2017. She also worked at Kumho Industrial Co., Ltd. from 2007 to 2010. She was a member of In-House Counsel Forum, and she served as a vice-chair of the Arbitration Committee.
Ms. Park received her J.D. from University of Pittsburgh School of Law in 2006, and her B.A. from University of Rochester in 2002. She is admitted to the Commonwealth of Pennsylvania bar in 2006.
In partnership with the RICS World Built Environment Forum
HKA’s CRUX Insight report, produced annually, reveals the eye-watering sums of money and time lost to avoidable disputes across the construction industry.
Returning for 2021, the CRUX Insight report covers in excess of 1,400 projects in 94 countries with a combined CAPEX of over US$2 trillion, and cataloguing cumulative claimed financial losses of close to US$73 billion, with claimed extensions of time totalling nearly 751 years.
Join this on demand webinar to hear HKA and the RICS World Built Environment Forum provide a summary of the 2021 report’s key findings and the measures the construction industry can take when operating in these uncertain times by moving away from damaging and divisive practices.
Moderator
Martin Burns, Head of Alternative Dispute Resolution R&D – RICS
Martin has more than 20 years of business development and communications experience in the dispute resolution sector, he is currently Director of Dispute Resolution Services with the Royal Institution of Chartered Surveyors (RICS).
Martin’s expertise in all forms of dispute resolution has been gained through 20 years working in this sector. Key elements to my role are developing and maintaining key stakeholder relationships with government and industry and raising the profile of RICS as a dispute resolution body in the UK.
Charles has over 20 years’ experience in the construction industry. He is a Chartered Civil Engineer who has gained broad experience working for a main contractor, a public-sector client organisation and now an international consultancy. During his career he has been involved in all manner of procurement, contract training, project management, contract management and contract administration including dispute resolution, expert witness provision and final account settlement. He has experience across a range of EPC projects and regularly advises clients in respect of such.
Laura focuses on construction and engineering related disputes in the Dispute Resolution and Litigation department.
Laura has experience in international as well as domestic construction dispute resolution. This includes litigation, arbitration, adjudication, mediation and expert determination. Laura also advises on risk assessment, settlement negotiations, dispute prevention and management.
In the past, Laura acted for employers, developers, contractors, subcontractors and consultants and has experience of disputes arising in connection with final account payments, defects, extensions of time and variations.
Helen is a Chartered Engineer with 15 years of construction industry experience and a master’s in construction law and dispute resolution. She is a specialist in forensic engineering work, covering subject matter ranging from structural steelwork (including connection design responsibility and workmanship), reinforced concrete design and defects, water leakages, seismic assessments (including for remediation works), and design liability issues. Helen has produced, or supported the production of, expert reports for claims regarding property insurance payments for earthquake and fire damage, issues of design liability and professional negligence for large sports and infrastructure projects, alleged poor workmanship, materials and specifications defects, and construction defects. She has been cross-examined in arbitration and is experienced in litigation support.
Justin is a Chartered Quantity Surveyor, a Fellow of the Royal Institution of Chartered Surveyors (RICS), Fellow of the Expert Witness Institute, Deputy Chair of the Construction Industry Council (CIC) and Chair of the International Construction Measurement Standards (ICMS) and has more than 30 years experience in the construction industry. He formed Adair Ltd in 1994. He specialises in construction disputes and has given evidence in the High Court.
CRUX is HKA’s integrated research programme. This draws on incomparable intelligence from investigations by experts providing claims consulting and dispute resolution services on major capital projects around the world. CRUX Insight is HKA’s annual publication analysing the root causes of claims and disputes. HKA are committed to sharing lessons with clients and more widely so the industry can effectively manage risks on complex projects.
HKA, in association with leading Japanese law firm Nishimura & Asahi delivered a seminar on delay and loss in construction and EPC projects.
The session focused on the causes of delay and loss, especially those arising from engineering and technical problems. Our expert speakers discussed solutions that you can consider from a technical and legal perspective.
Part 1: An engineering case study – how to prepare claims to recover from losses arising from unforeseen/ unforeseeable ground conditions
Part 2: Understanding contractual procedures on dispute adjudication boards and how to best use delay, quantum and engineering experts to win your case
Please note the webinar was conducted largely in English, with some sections in Japanese.
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.
Shintaro Uno focuses on international construction and infrastructure projects. Having stationed in Singapore for more than 10 years, he has abundant experiences in dispute adjudication boards and international arbitration.
Construction industry arbitration: Recommended tools and techniques for effective management
This seminar features a diverse and stellar panel of speakers and will address best practices in the management of factual witness and expert evidence, in the context of the 2019 Update.
For more than two decades, the ICC’s think tank and rule making body, the Commission on Arbitration and ADR, has been giving special attention to best practice in the management of construction industry arbitrations under the auspices of the ICC Rules of Arbitration.
The ICC Commission Report, Construction Industry Arbitrations Recommended Tools and Techniques for Effective Management is a 2019 update of the first edition of the Final Report on Construction Industry Arbitrations published in 2001, reflecting both the various modifications made by the ICC Rules of Arbitration (as revised in 2017) and developments in the practice of arbitration in construction disputes. Thus it gives contemporary guidance on a range of tools and techniques for use in successfully managing construction arbitrations in the present day.
Agenda
17:00: Introduction 17:05: ICC’s perspective 17:25: Arbitrator’s perspective 17:45: Counsel’s perspective 18:05: Hot tub panel discussion 18:45: Closing remarks 18:50: Q&A 19:00: Close
The UK government has just published its draft Building Safety Bill introducing the most significant building safety reforms since 1945 that will shortly impact everyone involved in the development, construction, design and management of all buildings.
Hundreds of buildings have been identified with unsafe cladding with building owners and residents facing substantial repair costs – HKA’s Bart Kavanagh and Paul Jolly joined Watson Farley & Williams for a briefing to discuss the most important construction legal developments and informed analysis of this ongoing combustible cladding scandal.
Moderator: Rebecca Williams, Partner and Co-Head of Dispute Resolution Group, WFW
Speakers: Barry Hembling, Partner, Real Estate Group, WFW Dev Desai, Partner, Dispute Resolution Group, WFW Ryland Ash, Partner , Dispute Resolution Group, WFW
HKA and Bryan Cave Leighton Paisner presented on behalf of the Chartered Institution of Civil Engineering Surveyors.
The session addresses how to assess costs due to delay under the NEC contract. The speakers first consider the contractual and legal framework, as well as how the courts treat such costs and concepts such as disruption, before addressing the practical issues and what can be done in practice to identify such costs and how best to manage the relevant site records to demonstrate those costs.
The NEC suite of contracts focuses on collaboration and co-operation as they empower users to deliver projects on time, on budget and to the highest standard. In reality however, there are numerous factors that can derail a project, from commercial pressures to inexperience and human error, meaning NEC disputes can and do occur.
HKA and HFW discuss recent case law on good faith, common NEC contract pitfalls and causes of dispute, along with practical issues that often end up in dispute from a quantum and delay perspective. The webinar also concludes with a look at NEC dispute resolution provisions.
Katherine is a senior associate in HFW’s international construction team. She splits her time between Scotland and London. Katherine is accredited as a construction law specialist by the Law Society of Scotland.
Katherine has extensive experience in renewables, heavy engineering and infrastructure projects in the UK and overseas, with a particular focus on dispute avoidance and dispute resolution. She is involved in a range of matters, including offshore wind, hydro power, road building projects, bridges, energy from waste, process plant, commercial and residential projects. Katherine has experience in all aspects of dispute resolution, including arbitration, litigation, adjudication and mediation. She has a particular interest in in dispute avoidance and ADR.
Andrew has experience of advising contractors, employers, consultants and funders in a wide range of projects. His experience encompasses the full lifecycle of construction projects from advising on procurement structures and drafting and negotiating construction contracts, to live project advice and dispute resolution. Andrew has experience advising on adjudication, mediation, litigation and arbitration.
His experience includes advising contractors on claims for extensions of time and on disputes relating to disallowed costs. He has also successfully acted for clients on disputes relating to defects, termination and loss and expense.
Andrew has acted on matters spanning an array of sectors including water, rail, highways, renewables, nuclear new build and nuclear decommissioning.
Andrew is dual qualified in Scotland and in England & Wales
Andrew Drennan, Partner – HKA Andrew is a chartered surveyor with over 20 years of construction industry experience. He has been appointed as quantum expert in the High Court (TCC), Court of Session, International Arbitration and domestic Adjudication proceedings.
Andrew also provides commercial and contract management support and dispute resolution for projects with values up to US$1.67 billion and disputed values in excess of US$140 million. He specialises in matters of procurement, cost management, valuation of defects, disruption, and post contract quantity surveying; particularly dealing with problematic variations and final accounts.
The webinar, “Dealing with change in uncertain times”, was attended by over 500 people and looked at some of the current events which have made change more likely and potentially more costly and highlighted how FIDIC contracts deal with change requests and the effects of unplanned and unscheduled changes.
There was much discussion in the webinar chat and questions from attendees about a range of issues, contractual and non-contractual. These included: whether the cost for Covid PCR tests could be stipulated in the contract; whether amendments to the dispute resolution rules and procedures would be made to expressly cater for online meetings and hearings; whether Covid-19 would have a lasting impact on the crafting of contracts for the construction sector; and what measures could be taken to address the challenge of holding up the morale of employees and team members. These and many more questions were addressed by the panellists and the webinar.
Summing up the event, FIDIC president Bill Howard said that he hoped that the experience of the pandemic would lead to the industry working more collaboratively towards a more win-win approach in future rather than win-lose. It was heartening to see the increase in dialogue and collaboration reported by the panellists, said Howard, who hoped that this would continue well into the future.
MODERATOR:
FIDIC Chief Executive, Nelson Ogunshakin.
SPEAKERS:
Luigi Mula, Legal Director, DLA Piper, Italy Jeremy Glover, Partner, Fenwick Elliott, UK Husam Gawish, Partner, HKA, Qatar Emily McDonald, Partner, Buro Happold Engineering, UK.
The use of EPC delivery models continues to have rounded support in industry sectors and geographic regions. While it’s becoming an established contracting method, such models continue to include examples of significant contractual disputes and sub-optimization of overall performance.
As part of the RICE Global E&C Forum, this webinar shows how HKA’s CRUX dispute casusation research and analysis can be used to help refine and improve the execution of O&G and Energy EPC projects going forward.
Speakers:
Caryn Fuller, Director, HKA
Carynhas over twenty years of professional experience in engineering, construction, project management, project controls management and construction claims analysis. Caryn is a project/program leader with a proven track record in leading high-profile large-scale global construction initiatives with a focus on cost control, scheduling and reporting. Caryn manages HKA’s Houston practice and currently works with clients (both contractors and owners) involved with disputes and litigation. Prior to joining HKA, Caryn worked for KBR. While at KBR she was the Project Controls Department Manager in KBR’s Chicago office and the Senior Project Controls Manager from FEED through EPC on the successful $1.3B Koch Enid Fertilizer Expansion in Enid, OK. Caryn is the Membership Committee Chair for the Rice Global E&C Forum and she also serves on the EIC Connect Energy USA 2021 Advisory Board. The Houston Business Journal selected Caryn as an honoree for the 2020 Women Who Mean Business Awards.
Julian Haslam-Jones, Director, HKA
Julian is a Director with HKA, based in Abu Dhabi, United Arab Emirates. He has 20 years’ experience in all aspects of contract, claims and cost management, alternative dispute resolution and arbitration, and project and programme management. Julian has an LLM in Construction Law and Arbitration, an LLB (Hons) in Law and is a Fellow of the Chartered institute of Arbitrators.
He has held commercial and contract positions with operators, contractors and consultants in Algeria, Kuwait, Netherlands, Italy, Iraq, India, Qatar, Saudi Arabia, South Korea, the United Kingdom, and United Arab Emirates where he has been a resident for over seven years.
This experience has enabled Julian to become a specialist in contractual claims for time and cost, dispute resolution, and the successful conclusion of large value and/or complicated accounts on a wide variety of projects, employing various forms of contracts.
His experience portfolio includes many major EPC oil and gas projects in the Middle East, Asia and Europe.
Charles Wilsoncroft, Partner, HKA
Charles has over 20 years’ experience in the construction industry. He is a Chartered Civil Engineer, a Member of the Institution of Civil Engineers and a Member of the Chartered Institute of Arbitrators. He has gained broad experience working for a main contractor, a public-sector client organisation and now HKA. During his career he has been involved in all manner of procurement, contract training, project management, contract and claims management including dispute resolution, expert witness provision and final account settlement and regularly advises clients in respect of such. He has developed an ability to head-up teams formulating and appraising complex claims including in respect of liability, delay, disruption and other impacts, managing the overall strategy and delivery while also mastering the detailed aspects of claim
Throughout his career Charles has predominantly worked on civil and marine engineering including maritime works, dredging and structures including offshore O&G infrastructure, offshore wind (fixed and floating), subsea cables, FPSO mooring & hook up, platform decommissioning and salvage. He also has a significant experience in heavy engineering and infrastructure schemes including; O&G, process plants, rail, piling works (onshore and offshore), AMP water frameworks, highways, pipelines, canal works, dock construction and shipbuilding.
