Ben Burley

Ben Burley
Managing Director

Construction Delay Expert

Ben Burley is a Managing Director at Ankura, based in Hong Kong. He is an experienced Expert and has been appointed as planning/delay expert on over 35 occasions under HKIAC, ICC, SIAC, VIAC, AIAC, CIAC and ad hoc Arbitration rules. He has considerable experience of proving evidence under cross examination as well as providing concurrent evidence (hot-tubbing).

  • Experience

    He is a forensic delay analyst who assists clients on domestic and international construction and engineering projects or programs of work to avoid, mitigate, and resolve complex disputes. His clients benefit from his extensive forensic delay, planning, programming, and project controls experience. He has developed his skills across a range of key industry sectors including airports, process, offshore oil and gas, rail, civil engineering, industrial, hotels, leisure, commercial office, large mixed-use developments, accommodation, education, custodial, and laboratory projects.

    Ben has been appointed expert witness relating to time, delay, and disruption. He has provided expert reports and oral evidence in support of his opinion to various dispute resolution forums, specifically litigation, arbitration, adjudication, and mediation. In addition to cross-examination, Ben is also experienced in witness conferencing or hot-tubbing.

    A selection of Ben’s engagements includes:

    • Casino Development, Macau – Instructed as delay expert by Solicitors acting on behalf of a General Contractor to analyse critical delay in respect of delays arising during installation of MEP services. Matters involved the assessment of handover, coordination issues, variation orders, later release of design drawings and acceleration measures. Ben provided concurrent oral evidence “hot tubbed” in the arbitration.
    • Integrated gas development project (IGD), UAE – Instructed as delay expert by solicitors acting on behalf of an EPC contractor to analyse delays arising during fabrication and erection of pressure storage vessels on a giant integrated gas development project. The issues involved analysis of almost two years of critical delay and further disruption to non-critical areas of the project. Ben was cross examined during an arbitration hearing.
    • Manufacturing Facility, Philippines – Instructed as delay expert by solicitors acting for a main contractor to analyse multiple contract packages during construction of a manufacturing facility located in the Philippines. The project was over 12 months late with other non-critical packages almost two years in delay. The analysis included critical path analysis of delay to the project and loss of production to other non-critical areas. This matter was finally determined by arbitration and involved a two-week hearing where Ben gave oral evidence under cross examination and hot-tubbing.
    • Tunneling Project, Hong Kong – Appointed as expert advisor to provide claims analysis and advice to an employer on the merits on the contractor’s claims and engineer’s determinations. The project was delayed by over three years and matters giving rise to delay claims were in relation to construction of both top down and cut and cover tunnel construction.
    • Oil & Gas Complex, India – Instructed as delay expert for a contractor to analyse delay arising during EPCIC of an O&G complex. The project consisted of a subsea cabling, marine piling, process platform, living quarter, subsea, and two flare towers. The jackets and topsides were fabricated in India and Middle East. Issues involved changes in engineering and the effect upon fabrication and a substantial increase in the offshore installation duration and marine spread.
    • Mass Rapid Transit, Malaysia – Instructed as delay expert by solicitors acting on behalf of an EPC contractor to analyse delays arising during construction of an elevated rail project, including viaduct and stations. The analysis focused on delays caused by the station NSC, including interface issues with the main contractor.

  • Insights & innovation