2. Contract :- 6 Kilometre Road Widening Contract,
planned as 5# Phases each of 10/14 sections.
Contract Type :- Hong Kong Government Civil Engineering Conditions of Contract
Client :-
Main Contractor, (Claimant),via James R Knowles Hong Kong Limited.
Work :-
Arbitration Case. Expert Witness for Liability – Planning and Extension of Time delays during the
course of the works by others, (Utilities).
Status :-
Completed Work handed back to Messrs James R Knowles. Arbitration, (Main Contractor
v HK Government), initiated based on work
done. Client successfully negotiated a settlement
prior to a hearing.
3. Contract :- Residential & Commercial Complex
comprising 5# 25 storey residential towers on a 5 level podium,
(2# being underground)
Contract Type :- Modified HKIA Contractor for Commercial Urban Development Complex.
Client :-
Main Contractor (v Developer).
Work :-
Litigation Work. Expert Witness for Liability – Planning and Acceleration. Rebuttal of Claim for Delay
and Counterclaim for EoT due to delays
by Developer and Acceleration to overcome imposed delays.
All preparation work completed, full
report given to client.
Status :-
Litigation re-listed, change of legal representatives by client. No further work carried out.
Client refused to acknowledge full fees.
4. Contract :- Government Housing Phase comprising 5# 35
storey blocks and garage block.
Contract Type :- Hong Kong Government Housing Dept Conditions of Contract.
Client :-
Specialist Sub-Contractor, Claim and Defence against Counterclaim, in conjunction with Solicitor.
Work :-
Arbitration Case. Expert Witness for Liability – Planning and Extension of Time. Formulation of
Claims for delays to the S-C’s Works
by M C and Rebuttal of Counterclaim for delays by S-C to
M C's works and recovery of Liqidated
Damages. Preparation work completed.
Status :-
Arbitration cancelled, Main Contractor in Liquidation, Counsel for Claimant initially briefed.
5. Contract :- Petrochemical Processing Plant, for
Malaysian Owner.
Contract Type :- Engineer, Procure and Construction Management, (EPCM).
Client :-
Consultant Process Engineers.
Work :-
Jointly as Planning Expert in conjunction with Claims Consultant to prepare :-
A major claim for delay and disruption, cost
of delay and lost production and for accelerative
measures instructed and taken during design
and procure phases. Work completed to submission.
Status :-
Successful negotiations concluded with the Owner thus avoiding further dispute.
6. Contract :- MTRC (Mass Transit railway Corp’n,
Hong Kong) Station Refurbishment Contract.
Contract Type ;- Modified Standard MTRC Building Contract.
Client :-
Main Contractor.
Work :-
Planning Expert (prior to Expert Witness – if required later) to prepare the planning and liability
points of claim in a claim against the MTRC
for :-
Delays and disruptions, cost of delays and
lost production and establish the Extension of Time
required.
Status :-
Interim claims have been submitted as an initial basis for negotiation, main objective of avoiding
Arbitration. The client issued a CoC
without levying L D’s but no retention released. Further
forensic work, claims submitted. Negotiated
settlement Nov 2002, 16 month E o T & HK$35 of
42 Million claim agreed including
retention.
7. Contract :- Major landmark structure on Western
Harbour Frontage, Hong Kong.
Contract Type :- HKIA Standard form of Contract with modifications.
Client :-
Specialist Nominated Subcontractor (Fire Services Installation), claimant
Work :-
Planning Expert. Prepared a report on the planning and liability points of claim against the Main
Contractor for :- Delays and disruptions,
cost of delays and lost production and establish the
extensions of time required.
Status :- Points
of claim submitted, expert reports exchanged, expert meetings, hearing & Arbitrated.
Award for client, L o E and costs
8. Contract :- Residential Development, HK Housing
Authority, Houses for Sale – Sandwich Class.
Contract Type :- Hong Kong Housing Department Standard form of Contract.
Client :-
Main Contractor.
Work :-
Planning Specialist. Prepared and amalgamated details of delays and disruptions to establish
times required and costs for EOT claims
against the Client’s Architect & Consultants.
Status :- EOT
Claims compiled, valued and submitted, E o T, L & E, variations negotiated.
9. Contract :- Commercial Development, HK Housing
Authority.
Contract Type :- Hong Kong Housing Department Standard form of Contract.
Client :-
Main Contractor.
Work :-
Planning Specialist. Prepared, amalgamated details of delays and disruptions to establish times
required and costs for EOT claims against
the Client’s Architect & Consultants.
Status :- EOT
Claims compiled, valued and submitted, E o T, L & E, & variations negotiated.
11. Contract :- Involved 4# of 20# Power Stations in
Massachusets and Texas, US of A – EPC Sub-Contract
for Aftercoolers to Power Stations.
Contract Type :- Swiss/German tailored contract for serial supply of Aftercoolers, by Main
Contractor,
(Defendant).
Client :-
Specialist German Manufacturer, Sub-Contractor for serial EPC S-contract, (Claimant).
Work :-
Expert report on liability for points of claim for delays, disruptions, loss of production during
erection and EOT’s not awarded. (Almost no
useful contemporary site records).
Status :- In
arbitration, notices exchanged Arbitrator appointed, expert reports submitted and exchanged
with further meetings. Advised matter settled
prior to tribunal hearing in favour of client with
costs to parties.
Additional General Remarks.
The above works have all involved :-
1. Extensive file research in existing and discovered contemporaneous contract files.
2. A large amount of programming work mainly using Primavera (P3) Software in standard, targeted and summary programs
to illustrate various elements and effects in the course of and on the works.
3. The programming work has been supplemented by large amounts of spreadsheet data varying from quantative
take off (in item 2), to %age progress comparison tabulations and graphics and resource breakdowns and comparisons.