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Summary of Key Professional Experience

 

  • Advisor to private clients, Government Ministries and Agencies, International Financing Institutions, Contracting Authorities, beneficiaries, consultants and contractors for the preparation of procurement strategies, tender and contract documentation, procedures manuals, professional opinions, guidance documents, claims, claims/dispute avoidance and dispute resolution.

  • Working with major IFIs including AfDB, ADB, CDB, EBRD, EU, IADB, JICA, KfW, UNOPS and World Bank in developing and emerging nations, and in the new EU Member States and EU accession candidate countries.

  • Experience as an adjudicator under FIDIC Conditions of Contract, as well as representing and working with the Parties in both FIDIC adjudication procedures (e.g. preparation of DAB referrals, responses to referrals, etc.) and ICC Arbitration.

  • Particularly familiar and with substantial experience in dealing with Claims and Dispute Resolution to the FIDIC 1999 suite of Contracts (Red, Yellow and Green) relating to contracts, time and/or quantum aspects on behalf of Employers, Consultants and Contractors.  Importantly, this also includes claims and dispute avoidance, and providing/facilitating contractual solutions.

  • 30 years’ experience in the public and private sectors, specializing in the procurement, management, administration and supervision of construction projects in the UK and Worldwide.

  • Over 20 years’ experience in Project Management of large infrastructure projects internationally and in the UK involving surveys, studies, designs, preparation of tender dossiers (including PRAG compliant, to FIDIC and using CESMM & CESWI), procurement, tendering & contracting, construction management/ administration and claims management/resolution to FIDIC (as well as other Conditions of Contract).

  • Extensive experience in construction and construction supervision spanning the entire career, including more than 25 international FIDIC Contracts to FIDIC ‘Red’ Book 4th Edition, the ‘Orange’ Book, and the 1999 Editions of the ‘Red’, ‘Yellow’ and ‘Green’ Book Contracts as the FIDIC Engineer, and 10 UK Contracts (ICE 5th and 6th Editions, GC Works 1) as the Project Manager/RE and ‘Engineer/Superintending Officer’ (including acting SO).

Selected/Recent Appointments

 

  • Employer-nominated member of a 3-person ad-hoc DAB for a circa 140MUSD port modernization project in Kingstown, Saint Vincent and Grenadines under the FIDIC 1999 Conditions of Contract for Plant and Design-Build (Yellow Book).

  • Nominated sole adjudicator for a series of infrastructure projects that include solid waste, wastewater, hospital, buildings and roads projects financed by the Sint Maarten Recovery, Reconstruction and Resilience Trust Fund (and other sources).

  • Appointed Chairman of a 3-person full-term DAB for the Millenium Highways project in St. Lucia under the FIDIC Conditions of Contract for Construction (‘Red’ Book).

  • Appointed to advise and assist the Employer on claims, disputes and DAB submissions for a 23MEUR quay (piled foundations) and mooring point project in Mauritania under the FIDIC Conditions of Contract for Construction MDB Harmonized Edition 2010 (‘Pink’ Book).

  • Appointed co-counsel for Government of Antigua & Barbuda in a major arbitration under the ICC rules for a key road infrastructure project executed under the FIDIC Conditions of Contract for Plant and Design-Build (Yellow Book).

  • Nominated as the sole member (adjudicator) for a circa €18.5M project in Jenin, Palestine consisting of 7 lots covering power supply, water supply, WWTP and stormwater, implemented under the FIDIC Conditions of Contract for Construction (Red Book) and Conditions of Contract for Plant and Design-Build (Yellow Book).

  • Appointed as a full-term sole Dispute Board member on an ADB-funded WWTP and Pumping Station contract in Mongolia executed under the ADB’s ‘Model Form of International Contract for Process Plant Construction’, which is based on the FIDIC-based ENAA Conditions of Contract.

  • Appointed to advise and assist the Government of Antigua and Barbuda and advise/support their legal team as the respondent in a long-running DAB procedure on a CDB-funded key road infrastructure project under FIDIC Conditions of Contract for Plant and Design-Build.

  • Appointed by the National Water & Sewerage Company in Uganda to lead a team to undertake the detailed review and analysis of a major claim in preparation for amicable settlement discussions and arbitral proceedings for a wastewater treatment plant (value circa €60M).

  • Appointed by the IADB to independently review and analyze a series of claims on road projects in Belize (2019/2020) and Suriname (2016/2017), articulate on next steps and make recommendations.  Following the review, analysis and recommendations, all claims were amicably resolved/finalized.

  • Bugolobi WWTP Claim (Phase 1), Uganda.  Team Leader/Contract Expert leading the preliminary review, analysis and reporting on the contractual, legal and delay analysis aspects of a major global claim submitted by the Contractor. The Client was the National Water and Sewerage Company.  The report also included recommendations regarding amicable settlement negotiations with the Contractor, strategy going forward and further steps regarding the detailed analysis of the claim.

  • Arbitration under ICC rules for a dispute on a prestigious building project in Kosovo executed under the FIDIC Plant and Design-Build Contract (‘Yellow’ Book), for the Employer (EU Brussels) as the respondent party.

  • Contractor-nominated member for a 3-man DAB under FIDIC Conditions of Contract for construction (‘Red’ Book) for a major EUR 40M Water Supply Contract in Albania.

  • Appointed as the Full-Term Dispute Adjudication Board (sole Adjudicator) under the FIDIC Conditions of Contract for Construction (‘Red’ Book) for a water supply contract in Central/Eastern Europe.  

  • Appointed as Consultant for 2-stage services to research, review, advise on/recommend and report (Phase 1), and ultimately prepare (Phase 2) a new Standard Bidding Document for Small Works Contracts aligned for use with the FIDIC Conditions of Contract for Minor Works (the ‘Green’ Book) for a major IFI to be used on future IFI-funded contracts.

  • Arbitration under ICC rules in Paris for a dispute regarding a water supply and sewerage project in Central/Eastern Europe, representing the Employer as the respondent party.

  • Contract/Legal Expert advising the Engineer/Project Manager and Employer (a government Ministry) on two Works Contracts with a combined value of €80M in a central/East African country, one for construction of a new WWTP (under AfDB Design & Build Conditions of Contract) and the second for the rehabilitation/extension of the existing sewerage system and construction of a new sewerage network under FIDIC ‘Red’ Book Conditions of Contract.

  • DAB member for a wastewater treatment plant, construction/extension contract in Sana’a, Yemen.  Nominated by the Contractor as one member of the 3-person DAB.

  • Dispute Resolution Specialist and Contract Advisor for a major WWTP in Nablus, Palestine appointed to assist the Parties (i.e. Contractor and Employer) resolve a series of contractual disputes.  All disputed matters were resolved and adjudication procedures avoided.

  • Contracts and Claims Advisor to a European Union Office and Government in a Central & East European country providing advice and support on all aspects of Contracts, claims & disputes (incl. representation at DAB) on all EU-funded projects in the country.

  • FIDIC Update Task Group 6B. Task group leader for the preparation of the 2nd Edition of the 1999 FIDIC Conditions of Contract for Construction (Red Book) and Conditions of Contract for EPC/Turnkey Projects (Silver Book).

  • FIDIC Task Group member for the preparation of a new Conditions of Sub-Contract for Plant and Design Build and Conditions of Sub-Contract for EPC/Turnkey Projects.

  • Nominated as sole DAB member for a series of six FIDIC ‘Red’ Book contracts in the transportation sector in a Central and East European country (appointment pending)

  • Contract and claims analysis/advice, including strategic review, causation analysis, time impact analysis, etc., and preparation of DAB referral for a private client for a circa €12M water sector project in Central/Eastern Europe.

  • Nominated as sole DAB member for a FIDIC ‘Red’ Book water sector contract in excess of €22M in a Central and East Europe (appointment pending).

  • Due diligence expert on behalf of a major IFI for the review and recommendation of a major amicable settlement claim for a €15M FIDIC ‘Yellow’ Book contract in Central Europe.

  • Arbitration in a central EU country under national arbitration rules for a solid waste (landfill) facility, representing the Employer as a key member of the Employer’s team.

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Training, Speaking & Publications

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Simon is a FIDIC-accredited trainer lecturing internationally on a FIDIC 1999 and 2017 suite of Contracts for a FIDIC approved/accredited training company, which includes

  • Module 1 (The Practical Use of the 1999 Editions of FIDIC Contract Conditions (Red & Yellow Books) and MDB Construction Contract (2006 Ed.)),

  • Module 1a (101 Topics for Discussion” on the Practical Use of the 1999 FIDIC Conditions of contract for Construction and Plant & Design-Build),

  • Module 2 (Management of Claims and the Resolution of Disputes under the new 1999 FIDIC Conditions of Contract (Red & Yellow Books) and MDB Construction Contract (2010 Ed.)),

  • Module 2a (The Management of Claims and the Resolution of Disputes under the MDB Harmonised Construction Contract 2010 Edition Conditions of Contract);

  • Module 3 (Responsibilities and Management for Dispute Adjudication and Parties to Dispute under FIDIC (1999 Ed.) and MDB 2006 Contracts),

  • Module 4 (Contract Management and Administration of 1999 FIDIC Conditions of Contract (Construction & Plant & Design-Build) with reference to MDB’s Harmonized Construction Contract – 2010 Edition),

  • Module 8 (The Practical Use of the 1999 FIDIC Contract Conditions for EPC Turnkey Projects (Silver Book) and Comparisons with Plant & Design Build Contract (New Yellow Book)), and

  • Module 9 (The Practical Use of the 2008 FIDIC Conditions of Contract for Design, Build and Operation Projects).

 

International Conference Presentations and Publications include:

 

  • FIDIC International Users’ Conferences, 2010 - 2018 (London)

  • FIDIC Americas Contract Users’ Conference, 2013 (Washington)

  • FIDIC Middle-East Users’ Conference, 2011 (Abu Dhabi)

  • (Residential) Construction Law Summer School, Cambridge University, 2012 - 2019, 2022 and 2023

  • (Virtual) Construction Law Summer School, 2020

  • (Residential) Construction Law Winter School, Cambridge University, 2022 (replacing the 2021 Summer School)

  • Construction Contracts & Law Conference, London, 2022

  • ICC Regional Conference on Arbitration an ADR (Construction Projects Disputes) in Dubrovnik, Croatia 2023

 

With papers on:

  • Contract & Claims Administration in FIDIC Contracts

  • Preventing Claims from becoming Disputes

  • FIDIC 2017 and the Continuing Evolution of the Role of the Engineer

  • Plant & Design Build Contract – Recent Experience

  • Current Practice and Foreseeable Updates in the Second Edition

  • Introduction to Contract Form Options

  • The Role of the Engineer under the FIDIC Forms of Contract

  • The Evolving Role of the Engineer

  • The Engineer’s Roles and Risks under FIDIC Contracts

  • Common Pitfalls when Preparing & Using FIDIC (and other) Works Contracts

  • JV Partnerships in D&B and EPC Contracts

  • The Yellow Book

  • The Future of FIDIC in Renewables

  • What to do and what not to do as the Engineer under a FIDIC Contract

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