Charles O'Neil DipArb FCIArb
Director, Contract Dynamics Consulting
Charles has over 40 years' experience in construction, steel fabrication, and asset management, predominantly in design and construction (D&C) and Public Private Partnership (PPP) projects – industrial; mining; grain terminals; motorways and bridges; hospitals, schools, prisons; shopping centres; multi‐storeys, including offices, hotels, and apartments. With ‘D&C’ delivery, his career focus has always been on ‘performance contracting’, completing on‐time and on‐budget, based on very detailed planning, specifications, cost estimates, and contracts in order to minimise variations and cost increases for the clients and to avoid disputes.
Charles has worked in Australia, NZ, China, Vietnam, Malaysia, Singapore, Indonesia, Myanmar, UK, Europe, Chile, Canada, South Africa, and Rwanda, gaining an understanding of the different cultural and business practices in these countries. Since 2001 Charles has specialised in PPPs, with involvement in more than 60 projects in nine countries, in a variety of roles including structuring and bidding, design, construction, asset management, and in dispute resolution. He has undertaken appointments in several countries as an Arbitrator, Mediator, Dispute Board Member, Expert Determiner, Expert Witness, and Neutral Negotiator.
Currently, Charles' main activities are consulting on infrastructure and PPP risk management and undertaking infrastructure dispute resolution. He has written several publications on these topics and is a regular university guest lecturer and conference speaker on them.
Ian Williams MSc, CEng, FICE, FCIArb
Ian is a Chartered Engineer and a Fellow of the Institution of Civil Engineers and Institute of Arbitrators. He has over 30 years' experience in major engineering projects in the UK, Southern Africa, the Middle East, and South East Asia. Ian is currently working for the Supreme Committee responsible for transport operations for the 2022 FIFA World Cup Qatar™. Before joining the Supreme Committee, he was Head of Projects for the Government Olympic Executive on the London 2012 Olympic Games. Prior to the Olympics, he held key positions on the delivery of metros in London and Singapore, and airport infrastructure developments at Heathrow for Terminal 5 and the redevelopment of Terminals 3 and 4.
Judy Adams BSc, MRICS
Director and Global Head of Risk Management, Turner & Townsend
Judy joined Turner & Townsend in 1995 as Senior Cost Manager and was made Director in 2002.
She has worked in both the UK and overseas, for clients including BAA, The Wellcome Trust, Royal Bank of Scotland and the Department for International Development. She has also held senior management roles in Turner & Townsend's European and Asian businesses and was Global Operations Director from 2007 to 2011. Since 2011, Judy has performed the role of Global Head of Risk Management.
In addition to her current role, she is also one of Turner & Townsend's 96 global partners.
Professor Rudi Klein LLB, FCIOB, FRSA, Barrister, Cert Ed
Rudi Klein is CEO of the Specialist Engineering Contractors' (SEC) Group UK, an umbrella body representing the UK's premier trade associations in the specialist engineering sector. He is a barrister specialising in construction law and President of the New Engineering Contract (NEC) Users' Group. Rudi is acknowledged as the driving force behind the changes introduced over the years to improve payment performance in the UK construction industry. These have included the Construction Act and project bank accounts. He helped draft the Construction Contracts Act in Ireland, which was added to the Irish Statute Book in July 2013. Rudi is the author of two legal publications and countless legal articles in the construction press and academic journals. He is Visiting Professor of Construction Law at the University of Northumbria and Visiting Law Lecturer at the University of Stuttgart. In 2015 the Technology and Construction Court Solicitors' Association awarded him the Clare Edwards Award for his professional excellence and contribution in the field of construction law. In October 2016 Rudi was presented with a Lifetime Achievement Award by SELECT, the campaigning trade body for the electro‐technical industry in Scotland. SEC Group was awarded the 2018 Gold Award at the H&V News Awards.
Stephen Woodward FAPM
Corporate Risk Management Consultant
Stephen has an interest in human behaviour (NLP Master Practitioner), principled negotiation and conflict avoidance. As a contractors' quantity surveyor (formerly FCIOB) he exploited his risk skills in claims generation. Influenced by construction management procurement he changed direction, becoming commercial director at a Japanese multinational contractor, pioneering early risk identification, fair risk sharing, and project mediation (CEDR Accredited Mediator). Subsequently working with funders, he moved project monitoring from a historical cost to a predictive risk service. For two decades he has been a construction risk advisor to project sponsors, funders and investors, and UK government offices.
Nigel Brindley MBA, IMC, BSc (Hons), CEng, MIMechE, MIFT
Director Infraquest Limited
Nigel advises investors in construction and infrastructure projects and businesses and is a non‐executive director. He specialises in performance improvement and has advised a private equity firm in the acquisition of two distressed construction companies in 2018. Previously, Nigel led the asset management and investor reporting for Barclays Private Equity's infrastructure funds. He fulfilled a similar role at the investments division of Mowlem prior to its acquisition by Carillion. Nigel's background is in managing high profile construction projects (including BP Oil's new headquarters and the MI5's Thames House refurbishment). Nigel started his career at Arup where he was a design engineer on the iconic Lloyds Building in London.
David Somerset BSc LLB(Hons) FRICS FCIArb MEWI
Managing Director Somerset Consult UK
David is Managing Director of Somerset Consult (based in London), a claims, disputes and legal support services consultancy specialising in construction and engineering projects. David is a Chartered Surveyor and also holds a Law Degree.
David is a highly experienced expert witness, having been involved in a number of high profile disputes in the UK and internationally. The disputes include loss and expense claims, claims for rectification costs of defects and professional negligence claims. He is currently the quantum expert of a project assessing the construction costs in excess of US$1 billion.
David has written a number of articles relating to mechanical and electrical design responsibilities, claims from subcontractors and costing information. He is also advisor to a number of large organisations in the UK regarding procurement strategy and claims management. www.somersetconsult.com
Tony Llewellyn FRICS
Collaboration Director at Resolex Ltd., UK
Tony is a specialist in interpersonal dynamics and the effectiveness of project teams. Originally training as a surveyor, he has spent over 30 years working on major construction projects.
Tony has published two books on the topic of team coaching, Performances Coaching for Complex Projects, and The Team Coaching Toolkit. He is also a visiting lecturer at the University of Westminster where he runs a masters module on Developing Effective Project Teams.
Rob Horne CArb, FCIArb, LLM (Disp Res), FSALS, FFAVE (Master), LLB
Head of Construction Risk at Osborne Clarke LLP, London
Rob is a partner at Osborne Clarke, a leading international law firm. He received his Royal Charter as an Arbitrator over 10 years ago as one of the youngest ever Chartered Arbitrators. He is recognised by the legal directories for his innovation in finding solutions to complex project problems and as a leading expert in the NEC form of contract. He is the author of The Expert Witness in Construction published in 2013 and multiple guidance notes on adjudication published through the Adjudication Society and the Chartered Institute of Arbitrators. He is a committee member of the City of London Law Society Construction Group as well as being the chief examiner for the Royal Institution of Chartered Surveyors.
Rob's practice is largely based on major projects within the UK and internationally across the Middle East, Africa, and Europe, and even advising on projects in Australia, in which he is often brought into very early to help steer them through the commercial minefield. He has been involved in disputes up to a value of £250million all tending to be centred around complex engineering problems, significant delay and analysis of disruption caused as a result across transport, power, health commercial, residential, and many other project types.
Richard Bayfield BSc (Hons), MSc, CEng, CEnv, FICE, FCIArb
Construction Consultant, Risk Director and Adjudicator
Richard began his career working for Costain on major projects including the Thames Barrier in 1976. He has had senior roles as a contractor, consultant and client. His recent experience includes several major capital projects including the Sainsbury Wellcome Centre at UCL, the new Lambeth Palace Library, the Gradel Quad at New College, Oxford and HS2. Some career highlights follow:
Jon Lyle BBuild (Hons) UNSW,
Development Director, Grocon Australia
Jon Lyle is an experienced international development and construction executive with an extensive track record in emerging and developed markets, delivering major mixed use developments and masterplans. His project portfolio stretches from Australia and New Zealand, through Indonesia and Malaysia to the Middle East, in Bahrain, Abu Dhabi, Dubai, and Saudi Arabia.
With a project portfolio in excess of US$10 billion of delivered projects Jon's understanding of project completion and operations allows him to know the ‘end game’ and what needs to be done on day one to get there successfully.
Jon is a property development strategist who delivers developments using his extensive experience in both construction and development, allowing him to create high level development plans that incorporate all stakeholders and respective schedules of deliverables to ensure all interdependencies required are identified and complied with in accordance with the project plan. Jon is currently (2018) delivering the W Hotel for Marriott on Sydney Harbour.
Dr Robert Gaitskell QC BSc (Eng) FIET FIMechE FCIArb,
Keating Chambers, London, UK
Dr Gaitskell is the Chairman of the Dispute Board for the ITER nuclear fusion project in France, one of Europe's biggest power ventures. He is a Queen's Counsel, and acts regularly as a Dispute Board Member, Arbitrator, Mediator, Adjudicator and Expert Determinator in construction/engineering disputes worldwide. He is also a Chartered Engineer, a Fellow of the Institution of Engineering and Technology (FIET), a Fellow of the Institution of Mechanical Engineers (FIMechE), and a Fellow of the Chartered Institute of Arbitrators (FCIArb). As an engineer he was involved in the design of power stations and oil rigs. He is a former Vice‐President of the IEE/IET (Europe's largest professional engineering body) and Senator of the Engineering Council and a part‐time judge. Dr Gaitskell is the Editor of The Keating Construction Dispute Resolution Handbook 3rd edn, December 2016. His PhD, from King's College, London, concerned engineering standard form contracts. He is the Chairman of the IET/IMechE Joint Committee on Model Forms, which produces the MF/1‐4 Suite of Contracts (used for power plants and other infrastructure projects).
John McArthur Dip Env Pl, BLA
Chairman, Kiewit Development Company, Toronto, Ontario, Canada and
Omaha, Nebraska, USA
John McArthur has 40 years' experience in the design, construction and investment business throughout North America. His education in urban planning and landscape architecture comprise his formal educational training and that, coupled with his years of experience in the design, construction, and infrastructure investment business throughout North America, form the basis of his understanding of risk management. During his career he has developed projects with one of Canada's largest real estate development companies throughout Canada. He also spent several years with a major Canadian construction company working on a variety of large building projects. Since 2003 he has been in the PPP investment business, initially for an international German construction/investment company and more recently with a large American construction/investment company. Over the course of a long career he has seen risk management develop to become the sophisticated process that it is today. Risk management is now widely employed by designers, subcontractors, owners, investors, rating agencies, insurance/bonding companies, and public agencies. He notes that in the past it was only given a minor level of recognition, but now it has become one of the trademarks of not only top tier companies, but also is a process utilised by most that are involved both directly and indirectly in the construction business.
Edward Moore MICW BSc
Edward has been Chief Executive at ResoLex UK since 2004. He is a specialist in embedding collaboration in teams and monitoring the effectiveness of team development. He created the RADAR methodology and toolset, which is a web based project horizon scanning and risk monitoring tool. The service has been developed to understand the impact of human dynamics on risk management and bridges the gap between forensic data and the perceptions of project stakeholders. It is now utilised on major projects to align team collaboration, behavioural risk and traditional risk management. Edward also designs and embeds alternate dispute prevention and resolution processes within project teams and commercial agreements.
Graham Thompson DipEng(Elec), LLB(Hons)
Graham is co‐founder and CEO of Affinitext, a leading technology company which transforms the ability to quickly and confidently understand and manage complex contracts.
Graham has built an international reputation, first as an engineer and then as a key legal and commercial advisor on major infrastructure projects whilst a partner of Pinsent Masons and King & Wood Mallesons, with a lead role in developing successful collaborative contracting models, particularly project alliances.
This unique combination of international engineering, legal and commercial experience, coupled with a strong belief in the benefits of collaboration, led to a keen interest in developing smart technologies to transform the understanding and management of complex contracts.
His co‐founding of Affinitext was a natural progression of this experience, which has led to the exponential global adoption of its disruptive Intelligent Document Format (‘IDF’) technology. www.affinitext.com
Professor Noha Saleeb PhD, MSc, BArch (Hons), FHEA
Dr Noha Saleeb is an Associate Professor in Construction & Creative Technologies, Middlesex University UK. She is Programme Leader for International MSc Building Information Modelling (BIM) Management, focusing on innovative digital technologies, enhancement processes of design, information, project and construction management. She is also Programme Leader for the BSc Architectural Technology programme. Her research interests are in architecture and IT, specialising in 3D digitisation and BIM, currently investigating implementation of Industry 4.0 technologies in design/construction, e.g. AI and Big Data analytics. Dr Saleeb is a practicing architect providing consultancy in BIM design, construction and onsite project coordination, and has achieved many awards and publications in journals, conferences, and books.
Stephen Warburton RIBA
Director, Design & Project Services Ltd.
Trained in Oxford and London, Stephen moved to Hong Kong in the mid 90s to pursue a career with development companies. After prior architectural internships in Washington DC and New York, Stephen was keen to work overseas again and became engaged on a diverse range of projects including luxury villas in Nha Trang, Vietnam, and Hong Kong's new international airport. On returning to the UK, he led Lend Lease's design teams on the BBC Mediacity Salford project. As a keen exponent of design in the built environment, he has also tutored students at the Oxford School of Architecture and has had projects exhibited at the Ashmolean Museum in Oxford, which were subsequently published in A Treasury of Graphic Techniques by Tom Porter. Stephen was a contributor to Human Dynamics in Construction Risk Management by Charles O'Neil in 2014.
Qualifications:
David Richbell FCIArb (Mediation) 1943–2018.
David died on 25 September, 2018. Refer to our Tribute to David in the Preface
David had over 25 years mediating commercial disputes over numerous sectors. He had a particular interest in helping the mediator profession achieve recognition and he was responsible for revising the Chartered Institute of Arbitrators Mediation Rules and wrote their model procedure. He was a Board member of the Civil Mediation Council and was responsible for the introduction of the Registration scheme for Individual Mediators, Providers and Trainers.
David wrote the award‐winning Mediating Construction Disputes, written for users, and the acclaimed How to Master Commercial Mediation, written for commercial mediators at every stage of their career.