Construction Claims and Dispute Avoidance: How to Achieve Successful Outcomes

Online Conference25th September 20249:00am – 6:00pm BST
Members: Book nowNon-Members: Book now

Why Attend?

Whether you work for a developer, a contractor, a consultant or within the legal profession, your priority is always to achieve a successful outcome for your claims. How can we establish effective contract administration processes for claims? How can we create good project management strategies to avoid claim situations?

If we do find ourselves in a claim situation, how do we compile and deliver a well-substantiated claim? How do we put ourselves in the best position to settle at project level and avoid disputes?

Returning for a second year, the ICCP conference brings top experts together to discuss all these topics and much more. Invest a day of time; leave with clarity and new perspectives to help you achieve successful project outcomes.

Agenda

Non-Members: Book now
09:00 – 09:15
Opening remarks and introduction to the ICCP

By Paul Gibbons

09:15 – 09:50
Contract Administration for Claims

By Mansoor Ali

09:50 – 10:30
Panel Discussion: Claim Avoidance

Panelists: Aarti Thadani, Fatima Balfaqeeh and Keith Blizzard. Chaired by Amit Kathpalia.

10:30 – 11:00
Break
11:00 – 11:40
Identification of Claims

By Mark Watson

11:40 – 12:20
Panel Discussion: Delay Analysis - Purpose and Principles

Panelists: Mahmoud Abdelaal, Dr. Alan Whaley, Nicholas Gould. Chaired by Paul Gibbons.

12:20 – 13:00
Cost Claims Through the Eyes of the Tribunal

By Bill Bordill

13:00 – 14:00
Lunch Break
14:00 - 14:40
Panel Discussion: The Essential Elements of a Claim

Panelists: Magda Kofluk, Kunal Roy, TBA. Chaired by Glenn Bull

14:40 - 15:20
Presentation of a Claim

By Giovanni Di Folco

15:20 - 16:00
Responding to a Claim

By Kunal Roy

16:00 - 16:30
Break
16:30 - 17:10
Disputes

By Cagdas Evren Bayrak

17:10 - 17:45
Panel Discussion: General Q&A and Discussion

Panelists: John Shenton and others TBA. Chaired by Giovanni Di Falco.

17:45 - 18:00
Closing remarks

By Paul Gibbons

Aarti Thadani is a dispute resolution lawyer based in the Dubai office. She has been at the firm for 14 years and has practiced in the construction and arbitration teams in London, Singapore and Dubai. She has been based in the UAE for almost a decade.

Aarti regularly advises regional sovereign wealth funds, master developers and owners on complex construction/infrastructure projects in the region and globally. She has substantive experience advising on MEP related contentious issues and final account disputes.

In 2021, Aarti completed a Masters in construction law and practice (distinction) and was seconded to one of Abu Dhabi’s largest sovereign wealth funds where she headed up legal for its real estate vertical. Aarti is recognised as an industry expert in the construction, infrastructure, and real estate space, with specialist capabilities.

Clients say of Aarti “Aarti Thadani stands out as a top practitioner in the region” and “Aarti Thadani provides excellent client service and manages cases very efficiently. Her recommendations to clients are spot on.” (Legal 500: EMEA 2023).

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.

Amit Kathpalia has multifarious experience of construction project spanning over 39 years in Indian Army Corps of Engineers(upto rank of Brigadier), Military Engineering Service, Public Works Department, Corporate and Academia. As Chief Engineer of Military Engineering Services, Special projects of Ministry of Defence and Andaman Public Works Department, for nine years, he has spearheaded projects in some of the most difficult and remote areas of India.

He was in charge of Civil Projects and Facility Management as VP of USD 2.2 Bn company and has developed new learning programs for mid-level and senior executives in Construction Contracts and Dispute Management as Head of Training and Product Development of Royal Institute of Chartered Surveyors(RICS), South Asia. He is an Adjunct and Guest Faculty at various Universities and Institutes in India and Contract and claims Advisor to five Public sector companies. He was responsible(along with six other Subject Matter Experts) for developing training modules on Infrastructure Project and Contract Management for Niti Aayog(erstwhile Planning Commission of Govt of India).

He has taken training programs in Contract management, Cost Economics, Claims, Commercial management and Project management, for junior, mid-level and senior executives of more than 75 reputed companies and PSUs over last two years. He is a RICS counsellor and has successfully guided many candidates preparing for RICS Assessment of Professional Competency. He is also the author of a Bestseller on Amazon– “Practical Construction Contract Issues Which are not Commonly Understood”, which was released in April 2023, is selling in 26 countries.

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.

Fatima Balfaqeeh

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).

Mr. Giovanni Di Folco is the co-owner, President and Senior Partner of Techno Engineering & Associates Group, an international ‘Techno-Legal’ consulting engineering firm specializing in contracts management, construction law, claims and dispute resolution internationally, with offices in Romania, Bulgaria, Qatar and Kuwait. He is also the President & CEO of GDF ADR Solutions, a company specializing in dispute avoidance and resolution. He is the Past President of the Dispute Resolution Board Foundation – Region 2 Board of Directors and the Past Director of the Board of the Italian Chamber of Commerce for Romania. He is also the Vice-President of the Romanian Association of Consulting Engineers, the Vice-President of the European Court of Arbitration – Romanian Chapter, a Director of the Italian Society of Construction Law and a Visiting Professor at the Politecnico of Milano University. He is a Civil Engineer with more than 40 years’ experience of managing multidisciplinary civil engineering projects around the world.

Mr. Giovanni Di Folco is an International Arbitrator, Expert Witness in Delay and Quantum, a FIDIC Certified Dispute Adjudicator and is listed on the prestigious FIDIC President List of Certified Adjudicators, he is also a FIDIC Accredited Trainer, FIDIC Affiliate Member, Counsel, and an expert in project and contract management, contract administration, claims preparation and defence and dispute resolution through international arbitration. He has gained extensive experience in both international arbitration and adjudication work whilst acting as Adjudicator, DB, DAB, DAAB, Arbitrator, Expert Witness, and Counsel for a wide variety of clients and disputes.

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.

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.

Keith Blizzard

With a wealth of experience over more than 30 years in every aspect of construction law, partner Keith Blizzard joined Harrison Clark Rickerbys at the start of 2017.

As well as being a highly experienced construction expert accustomed to dealing with contentious issues, Keith is a chartered quantity surveyor, chartered construction manager, chartered arbitrator, panel adjudicator, accredited and panel mediator, accredited dispute board member, forensic surveyor and experienced lecturer.

His expertise in adjudication and arbitration have led him to be not only in demand in those roles but also to become a visiting lecturer at universities, including in Helsinki, Sheffield and Birmingham, and at conferences at home and abroad, as well as tutoring post-graduates acquiring professional qualifications.

Because he has considerable experience of the whole construction process, he is able to help clients to avoid disputes before, during and following work on-site and can help to resolve any problems that arise to make sure that their commercial interests are protected as well as ensuring that they do not compromise their position by their own actions. Keith’s abilities in this area have been recognised and he is an RICS Accredited Dispute Board Member.

Although his background is in construction, his mediation experience has covered disputes of all kinds including landlord and tenant, insurance policy claims, commercial industrial and partnership.

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. Established in 2001, Paul is the founder and Managing Principal of Decipher, A DeSimone Company.

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.

Magda Kofluk

Magda is a construction law specialist within the Middle East dispute resolution and international arbitration team of Stephenson Harwood. She has over 14 years’ experience, 10 of which have been based out of the Middle East region.

Throughout her career, Magda has represented clients in – complex and high-value arbitrations relating to international construction projects across all major industries including power plants, highways, airports, mixed-use buildings, railways and stadiums. She is experienced in ad hoc proceedings and proceedings under the ICC, QICCA and DIAC rules, as well as in pre-arbitration negotiations, mediation, and dispute board proceedings.

Magda has been based in several jurisdictions, including in Qatar, the UAE, the UK, and Poland. Owing to her education in both civil and common law systems, experience and strategic outlook, she has gained a reputation in successfully coordinating multi-jurisdictional proceedings.

Magda is highly sought after to speak at prominent construction and legal conferences throughout the GCC, including Construction Week Middle East and Big 5 Global. She is also a member of the Young Arbitral Women Practitioners Steering Committee responsible for the Middle East region.

Due to Magda’s reputation in the industry, she was also shortlisted for ‘Construction Lawyer of the Year’ at the LexisNexis Middle East Women in Law Awards 2023 and was named as one of the top 10 lawyers in the Construction Week’s 2024 edition of the 150 most influential people in the Middle East’s construction industry.

In addition, Magda is also ranked as a Recommended Lawyer for Dispute Resolution: Arbitration and International Litigation by The Legal 500 EMEA 2024 Guide where clients commended her for being “great to work with and full of energy”.

Mahmoud is a delay expert, forensic planner and construction planner with circa 16 years of professional experience. His experience comprises both expert witness work and live projects control (schedule and cost).

Mahmoud has been appointed as the delay expert on various occasions. He was involved in numerous international arbitrations governed by the ICC and he is well experienced in analysing project delays using different methods of delay analysis (retrospective and prospective delay analysis methods). Mahmoud has a proven track record of undertaking delay analysis. Having worked as a planner in mega construction projects, he had gained experience of mixed used developments planning, controlling projects schedule and budget using earned value management system and producing SWOT analysis models.

Mahmoud has been recognized by Who is Who legal as a future leader “Mahmoud Abdelaal is “enormously impressive” in his expert work, and consistently demonstrates “attention to detail, detailed technical understanding and a thorough and rigorous approach”.

Mansoor Ali is a Civil Engineer with a Master’s in Construction Management. His current role as the Director of International Operations at Al-Habshi Engineering Consultants is a testament to his global experience. Over a career spanning more than thirty years, he has worked on feasibility studies, detailed engineering and tendering services, and construction supervision for development projects across the globe for various international financial institutions (IFIs). His diverse experience and international exposure make him a valuable asset in the field of civil engineering.

He is a Fellow of the ICCP and currently serves as an elected member of its Steering Committee. He is also an Affiliate member of FIDIC and a member of FIDIC’s newly formed IFI Committee, as well as several other Engineering Societies. He has hands-on experience with numerous FIDIC contract forms, having worked in conventional construction, DB and EPC contracts worldwide.

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

Mark has been 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 Managing Director at Decipher UAE – A DeSimone Company, and represents the firm as a Claims and Dispute Resolution Specialist. He represents clients on 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.

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.

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After the success of the first ICCP conference last year, this event is set to be well-attended by senior professionals and key decision makers working within the specialist field of construction claims. Don’t miss this opportunity to raise your company’s profile, build new connections and more importantly, win work.

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