David Palentine

David provides a practical and focused approach derived from his extensive experience gained from working on many disputes for various parties at all stages of pre-action, litigation, arbitration, adjudication and mediation proceedings. David has assessed compensation events, variations and remedials works and loss and/or expense claims for prolongation, thickening, disruption, termination costs and professional fees. He also has residential, education, health, airport, power stations, road, and rail experience and knowledge of various forms of contracts including ICE, JCT, FIDIC and NEC. David has undertaken formal expert witness training provided by the Academy of Experts and Bond Solon.

Prior to his move into consultancy during 1998, David spent 10 years working for a national contractor where he administered contracts, carried out quantity surveying/commercial management, change management and dispute avoidance and resolution duties on building and civil engineering projects.

David’s selected quantum expert witness experience includes:

• PFI Hospital, England – Litigation (TCC London): A multi-party dispute- For the contractor opined on the costs of constructing and fitting out a two storey hospital ward and associated professional fees, and carrying out cladding and fire protection remedial works to a four storey hospital as well as assessing unitary charges and payment deductions.
• Call centre, England – Litigation (TCC London): For the tenant opined on the value of tenant fit out works (both building and mechanical & electrical services), loss and/or expense claims, tenants variations and professional fees. (Vector Investments and JD Williams [2009] EWHC 3601).
• Conversion of a 12-storey office block into 51 residential apartments, England – Litigation: For an insurer and building control officer opined on the cost of rectifying building and mechanical and electrical services defects.
• Bio-ethanol plant, England – Litigation: For the contractor opined on the reasonableness of the costs claimed for rectifying defects and completing works to various tanks plus associated loss and/or expense.
• Housing estate, England – Litigation/Mediation: For the contractor opined on the additional costs incurred on a design & build project comprising bungalows and houses. Provided oral evidence during the mediation hearing.
• Rail project, England – Litigation/Mediation: For an insurer and quantity surveying practice/claims consultant opined on the quality of the referral document that had been prepared for adjudication for a subcontractor’s final account dispute and valued the disputed items. Provided oral evidence during the mediation hearing.
• Sewer diversion works, Wales – Litigation: For the employer opined on the cost claimed by a contractor for managing, designing, and carrying out the sewer diversion works to a new housing estate.
• Partial collapse of residential apartments, England – Litigation: For the developer opined on the cost of carrying out the demolition and rebuilding works.
• 132kv underground cables, England – Litgation: For the insurer and water company opined on the cost of replacing damaged cables.
• Student accommodation, England – Arbitration: For the modular subcontractor opined on the value of the works carried out, defective works and varied works, and the loss and/or expense claims and counterclaims.
• Prestigious block of apartments, England – Adjudication: For the developer opined on the sums claimed by the contractor for measured works, variations and loss and/or expense claims. Provided oral evidence during the adjudication hearing.
• Tramway, England – Adjudication: For a national rail contractor opined on the assessment of various compensation events.
• University, England – Adjudication: For the employer opined on the valuation of the mechanical & electrical final account.
• Prestigious block of apartments, England – Expert Determination: For both the national building contractor and the demolition subcontractor prepared an expert determination on the loss and/or expense claims.

David’s selected quantum experience as the expert advisor or the lead assistant to the quantum expert includes:

• £1.5 billion major road project, England: Appointed as the change consultant / expert advisor by the joint venture board to assist them on a 21-mile-long complex infrastructure road project.
• Coal fire power station, Asia – Arbitration (SIAC rules): A multi-billion U.S. dollar dispute – As the lead assistant assessed claims concerning the value of work carried out, repatriation costs, preservation costs, interim payments, extended site management and the cost to complete two 600MW units for the owner.
• Hydro electric power station, Asia – Arbitration (ICC): A multi-billion U.S. dollar dispute – As the lead assistant, assessed claims for new structures & remedial works, variations and third party claims for the JV consortium/owner.
• Road, structures, and services project, Dubai – Arbitration: As the lead assistant assessed the value of the measured works and variations for the contractor.

David has also prepared and defended claims for variations and loss and/or expense on airports, call centres, laboratories, paper mills, shopping centres, theatres, hospitals, rail, roads, water and waste water treatment plants in the United Kingdom, Republic of Ireland and Qatar.