CONTRACT SOLUTIONS85BA970A-5118-426F... · 2020-03-03 · Contract Solutions' primary function is the avoidance, mitigation and resolution of complex construction and engineering

CONTRACT SOLUTIONSCAPABILITY STATEMENT I MIDDLE EAST & AFRICA I 2019

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3CONTRACT SOLUTIONS CAPABILITY STATEMENT I MIDDLE EAST & AFRICA I 2019

CONTENTSABOUT ARCADIS

CONTRACT SOLUTIONS

SECTORS AND CLIENTS

OUR SERVICES

WHO'S WHO

CONTACTS

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Arcadis is the leading global Design & Consultancy for natural and built assets. Applying our deep market sector insights and collective design, consultancy, engineering, project and management services, we work in partnership with our clients to deliver exceptional and sustainable outcomes throughout the lifecycle of their natural and built assets.

We are 27,000 people active in over 70 countries that generate €3.3 billion in revenues. We support UN-Habitat with knowledge and expertise to improve the quality of life in rapidly growing cities around the world.

OUR VISION AND VALUESOur vision has quickly become our passion; improving quality of life.

Through our passion, our people and the work we do with our clients, we have opportunities to shape the future of our world, every day. Guided by five core values combined with five keystone behaviors, we are building a unique, One Arcadis culture.

A culture where focusing on our people and working as one team deliver innovation, excellence and client success.

ABOUT ARCADIS MIDDLE EAST

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KEY FACTS ABOUT ARCADIS

350 offices across the globe

70+countries

27,000 consultants

3.3B(€) revenue

125+years of history

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Contract Solutions' primary function is the avoidance, mitigation and resolution of complex construction and engineering disputes.

When disagreements emerge, they require an experienced and effective approach to mitigation and/or resolution.

CONTRACT SOLUTIONS

OUR APPROACHOur Contract Solutions team is made up of a community of specialists, many of whom are renowned claims consultants, delay analysts, expert witnesses, mediators, adjudicators and arbitrators. These specialists rely on their extensive experience and team support to understand the challenges our clients face.

Our team members are:

• Academically and professionally qualified to the highest standards

• Accredited by international professional bodies within the construction industry

• Recognized as industry experts and are often asked to speak at public events and leading academic institutions

• Involved with professional bodies and industry societies at the highest level

• Collaborative professionals who our clients and their lawyers enjoy working with

Whether it’s a hospital, a high-speed railway, an oil production platform or corporate real estate, we understand the complexities across our client sectors.

We work closely with our clients to understand their needs and develop a solution that provides speedy, cost effective and proportionate advice to deliver the required results.

Key Differentiators

As leading international contract advisory and dispute resolution consultants, we mobilize teams of highly qualified individuals at short notice to where our clients need us. Our key differentiators include:

• A range of Quantum and Forensic Delay Analysis Specialists

• Access to industry-recognized experts, adjudicators and arbitrators

• An ability to utilize resources in the Middle East and internationally

• A geographical reach and strategic office locations


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• Law Firms

• Government Entities

• Private Developers

• Contractors

• Subcontractors

• Consultants• Design & Engineering• Project Management• Construction Supervision

• Suppliers

• Buildings• Residential• Hotels• Hospitals• Retail• Commercial/Offices• Carparks• Data Centers

• Oil & Gas

• Infrastructure• Roads• Bridges• Airports• Marine• Water Supply & Drainage• Power Plants

CONTRACT SOLUTIONS

SECTORS CLIENTS



OUR SERVICES

CONTRACT MANAGEMENT/ ADMINISTRATIONContract Management I Contract Administration I Contractual Compliance I Contract Risk Review I Contract Correspondence I Contract Strategies

ARBITRATIONActing as Arbitrator I Arbitration Claim Support I Arbitration Defence Support

TRAININGContracts I Developing Contractual Awareness I Quantum & Delay Claims

PLANNING & DELAYForensic Delay Analysis I Disruption Analysis I Productivity Analysis I Acceleration Analysis I Baseline Programme Preparation I Project Programme Analysis

EXPERT WITNESSQuantum I Project Delay Management I Building Surveying I Defective Works I Health & Safety I Electrical/Mechanical Engineering I Architectural Design I Structural Design

CLAIMSPreparation & Assessment of Extension of Time Claims I Acceleration Claims I Disruption Claims I Suspension Claims I Termination Claims I Method of Measurement/Quantum Claims

DISPUTE RESOLUTIONFormalising & Resolving Disputes I Claims Strategy (Extension of Time & Financial Claims) I Adjudication I Dispute Adjudication Board I Claims Preparation I Claims Defence I Claims Resolution I Strategic Negotiation I Concession Strategy Planning

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CLAIMS SERVICES

With an experienced team of specialist construction professionals, we are confident that we can provide the right claims experienced resources to resolve construction claims faced by Clients on their projects.

Our approach of combining good contractual knowledge with the facts ensures that our Clients will have a clear understanding of their position backed with the relevant supporting evidence.

Our Contract Solutions team support Clients in the preparation and assessment of the following types of claims:

• Extension of Time Claims• Acceleration Claims• Disruption Claims• Suspension Claims• Termination Claims • Method of Measurement/Quantum Claims

We work with our Clients to gather project-specific information in order to prepare claims on behalf of the Client or defend against claims submitted to the Client. Our application of core commercial, planning and contract knowledge skills enables accurate and clear assessments of entitlement in order to support the negotiation of and resolution of the issues.


PLANNING & DELAY SERVICES

Delays and disruptions represent one of the top causes of disputes in construction projects. No matter what project controls are put in place, unfortunately delay and disruption especially on large or complex projects are almost inevitable.

Our specialist planners and delay analysts within the Contract Solutions team analyze, prepare and assess construction schedule delay and disruption claims through reviewing, selecting and adopting suitable methods in retrospective and prospective analysis by using specialist planning software.

Our Contract Solutions team provide:

• Forensic Delay Analysis• Disruption Analysis• Productivity Analysis• Acceleration Analysis• Programme Preparation• Project Programme Analysis

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CONTRACT MANAGEMENT & ADMINISTRATION SERVICES

Contract Management and Administration is the procedural management of a contract throughout the execution of a construction project, ensuring a timely flow of information and decisions to enable completion of the project in accordance with the contract documents.

Basic contract understanding is still at the heart of many disputes in the Middle East. The appointment of efficient and competent Contract Managers and Administrators can:

• Provide effective functioning of the construction contract through a proactive approach to contract administration

• Ensure contractual compliance with notices, valuations, payment assessments, variations and claims

• Ensure regular engagement with other project team members to confront any problems as they occur

• Implement strategies in line with contract provisions for resolution of any problems arising

• Increase early awareness to risks and potential exposure to costs

• Ensure informed decisions can be made at the earliest possible stage

• Ensure all parties are up-to-date with the progression of the project identifying shortfalls that could affect the progress

• Ensure adequate records are maintained in case of a dispute

Efficient and competent Contract Managers and Administrators can effectively increase the probability of having a successful project rather than a project that fails and results in disputes.


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EXPERT WITNESS SERVICES

We provide Expert Witness Services to the engineering and construction industry by providing support to Law Firms in Arbitration, Litigation and other Alternative Dispute Resolution methods such as Adjudication, Mediation, Conciliation and Expert Determination.

Through our vast network of Arcadis Senior Experts, we are able to cover a wide range of disciplines and sectors such as:

• Quantum• Planning and Delay• Project Management• Building Surveying• Defective works• Health and Safety• Facilities Management• Electrical Engineering• Mechanical Engineering• Architectural Design• Structural Engineering• Design Engineering• Marine Design• Infrastructure Design

Our Experts act as Witnesses and are well seasoned practitioners with relevant experience and knowledge of the subject matter whilst being fully aware of their duties to the Court or Tribunal.


DISPUTE RESOLUTION SERVICES

Our Dispute Resolution Services involve supporting our clients through the problems, challenges and pressures that are placed on their business if a project finds itself in dispute.

We work with the parties and their lawyers in the preparation or defence of claims either with a view to promoting commercial negotiation, for adjudication, at alternative dispute resolution (ADR) or for formal litigation or Arbitration proceedings.

We focus on:

• Formalising and resolving disputes • Claims strategy (extension of time and

financial claims)• Claims preparation, defence, assessment

and resolution• Acting as Adjudicator• Dispute Adjudication Board• Strategic negotiation and concession

strategy planning

When dealing with contractual claims, our approach is founded on the provision of clear and persuasive positioning in line with the contract provisions, backed up with supporting evidence.

As well as providing the technical claim preparation or defence, we provide our Client with clear and unbiased advice on options and potential outcomes to enable them to make informed decision on how to proceed.

We can close out claims by calling on our strategic negotiation skills to optimize recovery against the cost and time of pursuing the claim.


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ARBITRATION SERVICES

Arcadis is widely recognized for its involvement in International Arbitration and for providing the following services:

• Acting as Arbitrator• Arbitration Claim Support• Arbitration Defence Support

Our experience in International Arbitration spans every sector within the Construction, Engineering, Oil, Gas and Petrochemical industries.

In addition to dispute resolvers, we have a team of highly qualified quantum, delay and technical experts with wide ranging and complementary skills and experience.

We can be involved in multiple arbitrations at any one time and, ensure each case has its own dedicated resource and dedicated experienced support team.

We act for global construction and engineering companies, many of whom are repeat clients, including Employers, Owners and Contractors, as well as sovereign states. We are instructed by some of the largest and most recognized legal firms globally.


TRAINING SERVICES

We use our vast knowledge and experience to provide a wide range of training programmes to our Clients and to their staff of all levels and experience.

Our broad internal knowledge base across our business lines enables us to provide extensive knowledge through our training schemes, providing value add to our Client's businesses for effective and informed decisions to be made in order to avoid or defend against future claims.

We provide seminars and training in:

• Contracts• Developing Contractual Awareness• Quantum and Delay Claims

We work with our Clients to influence people to help create the culture change required for successful implementation of standard Contract Administration and record gathering procedures, thereby providing practical and workable dispute avoidance and mitigation solutions.


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WHO’S WHO

“Depth of logic and attention to detail are the skills needed to have an effective process in the preparation or assessment of claims in the construction industry.”

SHAWKAT ABBASFRICS FCIArb MSc Director — Head of Quantum, MEA

[email protected]

John is a consultant to Arcadis. He is a Chartered Quantity Surveyor, Chartered Arbitrator, accredited Adjudicator and registered Quantum Expert with over 40 years’ experience in construction within building, civil, structural, rail, utilities, mechanical, petrochemical and MEP environments on such contracts as FIDIC, NEC, JCT, ICE and Inst Chemical Engineers.

John is a practicing Arbitrator on the CIArb, RICS and ADCCAC panels and on the RICS, ICE, CIArb and Scottish Building panels of Adjudicators. He has extensive claims experience in construction, engineering and manufacturing and represents parties in pursuing and defending claims.

John is an Expert Witness in Quantum and a full member of the Academy of Experts.

John has worked in the UK, Mainland Europe, the UAE, Qatar and the Kingdom of Saudi Arabia.

“Applying contractual knowledge to the facts provides the result.”

JOHN NICOLSON LLM DipArb DipAdj FRICS FCIArb CArb MAE

[email protected]

Shawkat has experience across a wide range of sectors such as Residential, Hotels, Offices, Airports, Education, Infrastructure, Highways, Marine, Ports, Hospitals, Rail/Metro, Oil and Gas and Industrial with values reaching up to $US 10 billion in the UAE, KSA, Qatar and Oman.

Shawkat’s experience includes preparation and assessment of claims, contracts management, contract administration, preparation of contracts as well as Joint Venture contracts. This is in addition to cost modelling, cost planning, procurement, tender and contract preparation, project management and project/fund monitoring on behalf of Banks.

Shawkat is a Fellow of the Chartered Institute of Arbitrators as well as a Fellow of the Royal Institution of Chartered Surveyors. Shawkat has also completed his Legal Experience Training Advanced Professional Award in Expert Witness Evidence.


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John is a Chartered Quantity Surveyor and head of Arcadis Contract Solutions in Qatar. He has a Construction Law Masters and BSc Honours in Quantity Surveying (First Class) and is also a member of the Chartered Institute of Arbitrators and Association of Project Management.

John has over 20 years of experience and has held senior commercial positions with UK contractors. He specialises in quantum claim preparation/defence, multidisciplinary team leadership and contractual risk identification.

John has developed significant experience in drafting contractor/design consultant claims. He works closely with recognised quantum and delay analysis experts, and with major law firms in formal dispute proceedings. He is able to provide insight from contractor/client side during the design, construction and dispute resolution phases.

“Interpreting the contract, evidencing the facts, establishing liability and supporting quantum are vital in preparing successful claims and variations.”

JOHN MULHERN LLM BSc Hons MCIArb MRICS MAPMDirector — Head of Contract Solutions, Qatar

[email protected]

Lee is a Partner and Head of Forensic Delay Analysis. A Chartered Building Surveyor, Lee has held senior roles on a large number of different construction projects, including planner, project manager; contract administrator, employer’s agent and surveyor. He works with leading domestic and international construction and engineering clients to avoid mitigate and resolve disputes.

Lee has expertise in the principles and practice of analysing construction and engineering project delay. Lee’s experience includes the analysis of delay related to a wide variety of projects. He has a broad range of experience across the civil engineering, process and building sectors.

Lee is engaged in international expert commissions outside of Europe and has worked in Asia, Middle East, Russia, North America and North Africa.

“I am quite satisfied that Mr. Cookson is correct in his contention that the critical path switched.” — His Honor Judge Raynor QC, sitting as judge of the High Court

LEE COOKSON BSc MSc DipArb MAE MAPM FCIArb FRICSPartner & Head of Forensic Delay Analysis

[email protected]


Farshad is the Head of Forensic Delay Analysis and Planning in Qatar. He has over 16 years’ experience in the construction industry and specialises in forensic delay and disruption analysis in Adjudication, Arbitration and Litigation proceedings.

He has provided delay analysis services on major infrastructure and resource projects, including residential and commercial buildings, roads, railways, bridges, water/power plants, mine sites, major design issues, and oil and gas projects in the Middle East, Australia, USA and PNG.

In providing advice on complex claims, he has developed specialist knowledge in the field of delay and disruption analysis and methods for preparing, assessing and defending delay, disruption, acceleration and prolongation claims.

“Applying the appropriate method of delay analysis and conveying results in a readily understandable report is crucial in successfully preparing, assessing and defending claims.”

FARSHAD MOUSAVI DOUST BEng MSc DipInArb FCIArbAssociate Director — Head of Forensic Delay & Planning, Qatar

[email protected]

Bernard is an Associate Director in Arcadis, Chartered Quantity Surveyor and is currently based in the Dubai office. He has worked extensively in UAE, Spain, Mexico, Japan, Netherlands, Venezuela, Sudan, Norway, France and United Kingdom. He has considerable multi-cultural knowledge which complements his years of experience in the construction industry, in particular with respect to project and commercial management as well as procurement and contract advice and risk management.

Bernard has overall knowledge of and experience in many of the construction sectors, in particular, infrastructure, health, hotel and leisure, retail, property, industrial, corporate real estate, residential, and oil and gas.

“Disputes in construction are considered by many as inevitable. If they cannot be avoided, then they should never be ignored, and swift solutions are essential.”

BERNARD PURKIS MRICSAssociate Director

[email protected]


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Paul is an Associate Director in the Contract Solutions team at Arcadis International Limited. He is an experienced Contractor with background as a Quantity Surveyor and has over 17 years of work experience on a variety of global projects with leading international Contractors and Project Management Companies.

Paul’s expertise is in quantum claims preparation, assessment and negotiation, contract administration and preparation, assessment and negotiation of variations.

Paul provides claims support and contract administration services to Clients and Contractors across a number of construction sectors including oil and gas, iron ore mining industry, residential, commercial, leisure and infrastructure projects. Paul has assisted in the preparation of expert reports for a dispute value of AED 600m.

Paul has used various types of contracts including RIAI, JCT, AS and FIDIC contracts and gained valuable experience in change control management processes, commercial management of construction contracts, tendering and procurement of construction projects on behalf of Clients and Contractors.

“Proactive contract administration is fundamental to the effective functioning of any construction contract and a priceless asset when disputes arise.”

PAUL MULLEN BSc PgCertArb MCIArbAssociate Director

[email protected]

Stephen is an experienced Senior Consultant who has worked in the Middle East since March 2009, predominantly working on significant infrastructure projects in Qatar as well as in Bahrain, Oman and Saudi Arabia.

A Chartered Quantity Surveyor with over 40 years of extensive management experience in the Construction and Civil Engineering Industry, specialising in contract administration with strong contractual, cost management and claims skills. A deep understanding and working knowledge of the FIDIC suite of contracts as well as regional, domestic contracts coupled with 10 years of Middle East experience.

Stephen possesses knowledge and has experience in claims preparation, assessment, negotiation and settlement contract drafting and review, contract administration and quantity surveying for both contractors and consultants in many construction sectors including, aviation, metro, rail, marine, roads and bridges, health, retail, residential, commercial, hotels, leisure and embassies.

Stephen has also undertaken Expert Witness Training (Academy of Experts) and has assisted expert witnesses in arbitrations.

“Efficient and accurate contract administration is important in mitigating issues and in achieving timely and satisfactory resolution disputes."

STEPHEN BRADBURY BSc MRICS PGDipArbSenior Consultant

[email protected]


Myriem is a Senior Consultant in the Contract Solutions team at Arcadis International Limited in the Dubai office. Myriem has over 12 years of comprehensive experience in the sectors of Oil & Gas, Utilities, SAGD, Railways and Infrastructure in the Middle East, Canada and USA.

Myriem has experience in preparation and assessment of engineering and construction claims, delay and disruption analysis, forensic planning, project development from conceptualization to front-end engineering and design, engineering, procurement and construction.

Myriem has provided assessment and support services to the Expert for preparation of a claim Value of QAR 80 Million for arbitration proceedings.

“When a delay occurs in a project, analyzing cause and effect is crucial to comprehending where liability lies.”

MYRIEM YERYK BBA Hons PSPSenior Consultant

[email protected]

Jose joined EC Harris, an Arcadis company in February 2014. He has over 19 years’ project experience in various pre and post-contract QS functions and has exposure to FIDIC forms of contract.

Jose has experience on a range of projects that include commercial & residential buildings, roads & infrastructure, airports, metro stations, leisure & entertainment, as well as refurbishment / fitout works.

Jose has supported project managers and commercial managers on administering contracts; and has recently supported in the cost assessment over the disruption and prolongation of a large project in the KSA.

“What gets measured gets managed.”

JOSE MAGSI BSc CE MSc QS APICQSConsultant

[email protected]


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ArcadisMiddleEast

@ArcadisinME

arcadis.com/en/middle-east

CONTACTS

If you would like to discuss further any of the points raised in this paper, please get in touch:

SHAWKAT ABBAS Head of Quantum, Contract Solutions Middle East

[email protected]+971 56 984 5391

Documents

CONTRACT SOLUTIONS85BA970A-5118-426F... · 2020-03-03 · Contract Solutions' primary function is the avoidance, mitigation and resolution of complex construction and engineering