Succeeding in a construction dispute – the “must have” legal and technical building blocks

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.

Chair and moderator

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. 

Speakers

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 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.

Should you have any questions please contact CrystalLim@hka.com.