Construction Claims and Dispute Avoidance: How to Achieve Successful Outcomes

Paul Gibbons is a Chartered Quantity Surveyor, Chartered member of the CIOB, accredited Expert Witness and Expert Determiner with over 25 years of experience in construction. His core discipline is quantity surveying. Other disciplines have been developed over the course of the last 15 years, mainly in Expert Witness, Claims, Disputes, Project Programming, and Construction Law. He is the founder and CEO of Decipher Consulting established in 2001.

Mark Watson is a Construction Claims Consultant, Mediator, Arbitrator, Dispute Resolution Advocate and Expert Witness.

Mark is included on Systech International’s Global Panel of Expert Witnesses and is instructed by several leading law firms to prepare written reports and present oral evidence relating to matters of delay, disruption, acceleration, and concurrency that tend to arise on construction and engineering projects.

Mark is a consultant to several Client and Contractor organizations as a Claims and Dispute Resolution Specialist, representing clients at Mediation, Adjudication and Arbitral tribunals as Party Dispute Resolution Advocate.

Mark also acts as a Mediator and Arbitrator and serves as a committee member of the South African Chapter of the Chartered Institute of Arbitrators.

As an academic, Mark has developed and presents the course in Contract Performance, Delays and Associated Damages as a module for the University of Pretoria’s post-graduate Programme in Construction Adjudication.

Yasemin Cetinel is the founding partner of Cetinel Law Firm in Istanbul, specialized in international construction law, international investment, and commercial arbitration, with a specific focus on construction disputes. She works as a counsel, and she also sits as board member or arbitrator in construction disputes both at dispute board and arbitration levels.

Ms. Cetinel is a graduate of Galatasaray University, Faculty of Law. She is a candidate on the MSc degree for quantity surveying at Heriot-Watt University; and she holds a postgraduate degree in international commercial arbitration from the Queen Mary and Westfield College, University of London. She is an attorney registered to the Istanbul Bar Association

She represents and advises contractors of various nationalities in projects or cases in Eastern Europe, the Middle East, the Turkic countries, sub-Saharan Africa and Latin America. She has extensive experience on FIDIC/ICE-based contracts, EPC contracts, ad hoc construction contracts with Turkish, Middle Eastern, European and African contractors and state entities; as well as on dispute board proceedings in construction contracts. She has also been involved in numerous ICSID and/or other investment arbitrations arising out of construction projects, including cases against the Republic of Kyrgyzstan, the Hashemite Kingdom of Jordan, the Republic of Georgia, the Republic of Turkmenistan and State of Libya.

Cagdas Evren Bayrak is an award-winning experienced contracts, claims, and disputes professional and a FIDIC President’s List Adjudicator. He is a civil engineer with two post-graduate degrees in Construction Law from the UK, a chartered construction manager, and a Fellow of many international organizations as well. He has won the FIDIC 2021 Contract Users’ Award among very respected finalists. He started his own practice, ProADR in 2019, which specializes in providing assistance in matters of Contract Management, Claims, Dispute Avoidance and Resolution in the Middle East (Qatar in particular) and around the World.

Glenn specialises in construction and real estate development law. He is a member of the Construction, Engineering and Projects team and head of the Real Estate team in the Dubai office.

Glenn is an Australian lawyer and has been with CRS in the Gulf region since 2014.

His broad experience includes acting for clients in both contentious and non-contentious construction matters.
Over his career, Glenn has been advising employers, developers, contractors, subcontractors and consultants on various projects throughout the GCC, northern Africa, London, Malta and Australia.
Glenn’s practical knowledge of the real estate and construction industry, along with regional experience and expertise in the law, gives him the unique ability to focus on finding practical outcomes and commercial solutions for his clients.

Experience

• Glenn has been involved in very substantial real estate development transactions, including multiple PPP agreements, drafting and negotiating various development management agreements, acting on the purchase and sale of sports grounds and facilities, advising on various hotel management agreements and large commercial leasing matters – particularly with a development focus.
• Glenn has also advised on community structuring aspects in relation to several large master-planned developments in the region.
• Glenn has in-house experience having worked for a rail operator in Australia and has been on secondment with a Qatari State entity that is undertaking several large developments in the region.
• Glenn has advised on various construction projects in the Gulf, including large-scale infrastructure projects, rail projects, and residential, commercial, and mixed-use developments.

Taner Dedezade is an international construction barrister, dispute resolver, published author and world-renowned speaker.

• FIDIC President’s List of Approved Dispute Adjudicators
• ICC Arbitrator
• FIDIC Certified Trainer.

In his work as an international construction barrister, Taner specialises in the resolution and avoidance of disputes arising out of international construction and engineering projects, particularly under the FIDIC forms. Taner represents both international contractors and employers and is particularly skilled as an advocate before FIDIC dispute boards and ICC arbitral tribunals.

As a dispute resolver, Taner passionately believes in dispute prevention and is skilled in facilitating the resolution of disputes. He is currently acting as an ICC arbitrator in relation to an international construction project based in Georgia. Taner has been appointed by CIArb as Arbitrator in relation to three commercial disputes and is on the FIDIC President’s List of Approved Adjudicators.

Taner is a world-renowned speaker, a FIDIC-certified trainer, FIDIC trainer of the Year 2020, and has delivered numerous lectures and two-day workshops around the world. He delivers FIDIC lectures annually on the King’s MSc in Construction Law and Dispute Resolution. He was invited by FIDIC to deliver “Top-Up Training” to Members of the FIDIC President’s List and also to FIDIC Accredited Trainers. He formulated and delivers a Comparison course between FIDIC 1999 and 2017 on the FIDIC Academy platform.

Dr. Alan Whaley BSc (Hons) Dip. (Adj.) APA LL.M Ph.D. MCIOB FRICS FCIArb MAE is a Chartered Construction Manager, Chartered Quantity Surveyor, and accredited expert witness with over 21 years’​ experience in the construction industry.

He is also the instructor of the BTEC Level 7 Advanced Professional Award in Forensic Delay Analysis through Autonomy ES.

Andy Hewitt FICCP, FCIOB, FCICES, FQSI, has more than 40 years of experience in the construction industry, which has been gained in the United Kingdom, Africa, and the Middle East. He has held senior positions with contractors, sub-contractors, and consultants and has worked on several iconic projects in the Middle East. Andy is the author of the following books:

• Construction Claims & Responses: Effective Writing and Presentation
• The FIDIC Forms of Contract: Obligations of the Parties
• FIDIC 1999 Notices: A Guide to the Requirements, Content and Composition of Notices Under the Red, Yellow and Silver Books
• FIDIC 1999 Claims: A Guide to Claims for Extensions of Time and Additional Payment under the Red, Yellow and Silver Books
• FIDIC 2017 Notices: A Guide to the Requirements, Content and Composition of Notices Under the Red, Yellow and Silver Books
• FIDIC 2017 Claims: A Guide to Claims for Extensions of Time and Additional Payment under the Red, Yellow and Silver Books (to be published in 2022)

Andy’s experience in commercial, contract and project management led him to specialise in contractual issues, claims and dispute management, which culminated in his current position as a director of Hewitt Decipher Partnership, a consultancy practice offering services in these and related matters. Andy also works as an educator and trainer and developed and launched the training institution ‘Claims Class’. Claims Class offers training courses for individuals and companies on an international basis through e-courses, online courses, and workshops.

Nicholas is a construction, energy and international arbitration lawyer. He is a solicitor-advocate, chartered surveyor, accredited adjudicator and mediator. He sits as arbitrator and on dispute boards. Nicholas acts for contractors, employers and governments in the building, construction, engineering, infrastructure, transport, energy, oil and gas, and process engineering sector. Frequently selected to advise on high value complex projects including Hinkley Nuclear Power Plant, T5 Heathrow, Muscat Airport, The Louvre in Abu Dhabi, Expo 2020 in Dubai, CERN’s nuclear research facility, the world’s most leaning building at Capital Gate, Abu Dhabi, and substantial hydro power projects. Nicholas is highlighted as one of the titans of the international construction market according to Global Elite Thought Leader’ Who’s Who. The IBA’s International Who’s Who of Business Lawyers Today, listed him as one of the “ten most highly regarded individuals internationally for construction law”. Nicholas is a Visiting Professor at King’s College London and Vice President of the ICC’s Arbitration Commission. He is past President of the DRBF and past Chairman of the Society of Construction Law.

Kunal is a Member of the Chartered Institute of Arbitrators and RICS Registered Expert Determinator specializing in Construction Claims and Disputes. He holds a Master’s Degree in Construction Law and Arbitration (First Class with Distinction) and is currently leveraging his expertise in claims management whilst working for Hitachi Rail as a Corporate Contracts and Claims Manager for the MENA region. His achievements include the successful realization of multimillion-dollar claim entitlements for his employers by forming appropriate contractual strategies and preparing clear, precise, persuasive claim submissions. Kunal has previously been employed by several other Fortune 500 international contracting companies such as China Railway Construction Corporation, Orascom Constructions, Consolidated Contracts International Contractors (CCC), amongst others, and worked on some of the most iconic mega projects within the Middle East such as the Etihad Rail Project, Doha Metro Project, Abu Dhabi Airport MTB Project, and New Doha Port Project.

Rupa is a highly experienced construction disputes lawyer.

Rupa Lakha has extensive experience in contentious construction and engineering work with experience in all forms of dispute resolution including extensive experience for key firm clients in relation to:

• Claims for delay and disruption;
• Final account disputes;
• “Smash and grab” adjudications; and
• Defects claims.

Rupa acts on behalf of all parts of the supply chain including major developers, main contractors and specialist sub-contractors including Derwent London Plc, Howard de Walden, London and Regional, The Dorchester Collection, Bouygues, Vascroft Contractors Limited and Permasteelisa.

She has experience across on both domestic and international projects including, hotels, commercial offices and infrastructure such as tunnels and bridges.

As well as dispute resolution, Rupa focuses on dispute avoidance and risk management. Rupa has an energetic, pragmatic and commercial approach to matters that consistently delivers strong results.

Rupa has been highly commended for her work and expertise, and is regularly quoted in the press. She has also been ranked in The Legal 500 ‘Next Generation Lawyers’ for Construction: contentious and non-contentious and is recognised as a ‘Future Leader in Construction’ by Who’s Who Legal. Rupa also leads on the development of the firm’s India Desk, a dedicated group bringing together the firm’s broad expertise to assist British Asians and Indian nationals in navigating the complex UK legal spectrum and cross-border issues.
Rupa is admitted to practise in England and Wales and is a qualified mediator.

Experience

• Advising a major developer in relation to a defect claim against its main contractor in respect of the design and construction of defective cladding of a commercial building in Central London
• Advising a main contractor post the Grenfell tragedy in relation to claims on various projects regarding defective cladding
• Advising a major London estate in relation to an ongoing project where there are multiple issues including delays, damage due to flood and insurance claims
• Advising a main contractor in relation to the development of a Central London 5-star hotel. This involved submitting claims up the line and defending multiple adjudications from sub-contractors
• Advising a main contractor in High Court proceedings against a mechanical and electrical sub-contractor in respect of defective underfloor heating

Additional information
Rupa speaks regularly at internal and external seminars.
Memberships

Background & Education
English Literature and Language, University College London – graduate 1999
Joined the firm: 2002

Leisure
Teaching a fitness class, theatre, reading, dance, travel and spending time with family.

Fatima Balfaqeeh is a UAE Qualified Lawyer, independent Arbitrator, Mediator, and a Business Consultant.

Her career began two decades ago in government and semi-government entities in Abu Dhabi, leading contracts and procurement function. She has worked extensively within commercial, legal and operational matters across a wide array of sectors, including construction-related fields, governance enforcement in contracts and procurement, project-related finance, payables, and banking credit facilities for corporate clients.

In 2018, Fatima launched her own consultancy which later evolved as a law firm. She is a Chartered Arbitrator of the Chartered Institute of Arbitrators (CIArb), a Member of RICS as a chartered Facilities Management Surveyor, and a Fellow of the Chartered Institute of Procurement and Supply Chain (CIPS).

She also is a board member in the ICC-UAE, the Vice Chair of the ICC UAE’s Commission on Arbitration & ADR Steering Committee, and a board member on the World Regional Board of the Royal Institute of Chartered Surveyors (RICS).

Billie is a Managing Director at OmniVision, she is an accomplished construction professional and leader with more than 25 years of experience in delivering complex projects in Europe, New Zealand and the Middle East markets.

Billie has worked for real estate owners, industry-leading consultancy practices, government and main contractors across real estate and infrastructure sectors and has an extensive experience in claims, commercial and contract management.

Through the successful delivery of projects in varied environments Billie has built a strong knowledge of the strategies, resources, processes, and leadership behaviours critical to achieving business, project and stakeholders’ objectives.

Billie is the National Association of Women in Construction ( NAWIC ) Qatar President, the Middle East’s first. As part of her commitment to the industry, Billie through NAWIC focuses on raising awareness on diversity and inclusivity and providing a platform for support, empowerment and development accessible to every woman in the industry. She is also a member of ICCP, AACE and Construction Law Society.

Khushboo Shahdadpuri is a senior dispute resolution lawyer with Al Tamimi & Company. Recognised as a Rising Star by Legal 500, Khushboo is dual qualified in Singapore and the State of New York. She specialises in infrastructure, construction, energy, and joint venture disputes arising out of prominent projects around the Middle East. Khushboo advises and represents clients in complex, multi-party, and high-value arbitrations matters. She has worked on gas pipelines, solar power plants, World Cup stadiums, and prominent real estate development projects, where the value of the dispute frequently exceeds USD 1 billion. Khushboo works with leading experts and King’s Counsels in her matters and has extensive experience in dealing with arbitration matters under both civil and common law. She has also argued cases before prominent arbitral tribunals and the Singapore courts.

Khushboo regularly speaks and publishes on salient topics in arbitration and construction. Her committees and board memberships include leading the Young Singapore International Arbitration Centre Global Council for EMEA, being elected to the Building and Construction Law Committee of the Law Society of Singapore, the Global Steering Committee of the Equal Representation for Expert Witnesses, the MENA sub-committee of the Campaign for Greener Arbitrations and the executive committee of ENERAP, amongst many others. She also sits on the editorial board of Kluwer Arbitration Blog and the Journal of Legal, Ethical and Regulatory Issues.

Mitesh is the Managing Director of Vascroft Contractors Ltd and has been with us for over 20 years.

A Chartered Surveyor by background, Mitesh has considerable experience in the industry across corporate real estate, new build, refurbishment, and fit-out projects.

In 2018, Mitesh was awarded the NRI (Non-Resident Indian) Times of India and ICICI Bank Global Entrepreneur of the Year Award – Europe Region.

He has a reputation for building long-term relationships and creating a unique and personalized experience for clients, including Millennium & Copthorne Plc, Hilton Hotels, Intercontinental Hotels, Crimson Hotels, 4C Hotels as well as numerous financial institutions and corporate houses from the Indian subcontinent.

Under Mitesh’s leadership, Vascroft has grown over the years to become one of the most respected medium-sized family-owned and operated construction businesses in London and the home counties. In April 2021, Vascroft was recognized by The Sunday Times Fast Track Profit 100 ‘Ones to Watch’ as one of the UK’s privately-owned profitable companies to watch. Mitesh has been instrumental in improving the commercial and physical performance of Vascroft and driving innovation into the business to ensure that Vascroft maintains its unique position across its core sectors and geographies.

In his spare time, Mitesh enjoys helping local charities and is a Trustee of the Vascroft Foundation and a Patron of Dawn Charitable Trust. Mitesh also serves on the Board of the Young Presidents Organisation’s Greater London Chapter (YPO). His hobbies are snooker, badminton, football and cycling.

John Shenton is Chair of the Dubai Hub for the CIOB and Regional Contract Manager – GCC for Averda. John is a Chartered Construction Manager and a Fellow of the Chartered Institute of Arbitrators with fourteen years of experience in the UK and EMEA in the management of prime contracts, subcontracts, and consultancy service agreements for the development of built assets. John holds a Master of Laws from Paris-Descartes and Sorbonne Abu Dhabi, a Master of Business Engineering from Stuttgart, and various professional memberships. The University of Stuttgart published John’s research into the cross-border finance of infrastructure projects in 2019. John volunteers his spare time to mentor candidates seeking to achieve chartered status through the CIOB’s ‘Professional Review’ process.