As a quantum expert, Mark has provided expert quantum reports on valuation and variations and assessment of damages, direct loss, and/or expense arising from delay and termination costs for formal dispute pleadings in arbitration and litigation. He is also a Chartered Arbitrator and has acted on a number of arbitration’s since qualifying in 1998, including SIAC appointments. As well as receiving adhoc and presidential appointments for commercial arbitrations, Mark is on several panels including those at the SIArb, CIArb, SIAC and the AIAC (formerly KLRCA) as well as Consumer Scheme panels formerly maintained by the CIArb and now CEDR-Solve.
Mark’s professional experience includes:
Mediator and Arbitrator
- Mediator: Appointed as mediator in 70 matters including those related to negligent design of a bus-bar installation, defective gas pipe installations, defective sprayed coating to concrete blocks of flats, and defective flooring to a sports establishment.
- Arbitrator: Appointed as arbitrator in the UK and Singapore, recent appointments include one concerning a local construction matter related to mechanical equipment and the other concerning a major wind-farm dispute in the Philippines under UNCITRAL Rules where he was the chairman.
Selection of Expert Witness Appointments
- Giant Observation Wheel, Dubai: Quantum expert on a dispute between the main contractor and design consultant concerning underpayment of design fees, valuation of progress and variations, delays to progress before termination, and prolongation costs.
- Mixed Use Development, Malaysia: Quantum expert on a dispute related to delays and failure of employer to make payments.
Selection of Other Experience
- Mixed Use Development, Singapore: Quantum expert on a dispute between a main contractor and sub-contractor related to variations, loss and expense, and liquidated damages.
- Refinery, Singapore: M & E quantum expert concerning valuation of pipework for which the sub-contractor was not being paid. Prepared report on value of work done for an adjudication that resulted in the sub-contractor receiving a significant portion of his payment claim.
- Luxury Residence, UK: RICS appointed independent quantum expert on a dispute between builder and owner relating to scope of work and quantum matters.
- Desalination and Power Plant, Libya: Investigation and report into the contractual requirements regarding extensions of time for a contractor including review of the contract, correspondence, and the contractors’ financial records and providing a report on adherence to the contractual provisions.
- LNG Regasification Facilities, Malaysia: Appointed by main contractor to review 12 claims totalling RM 32 million in a dispute with a sub-contractor on subsea pipeline and cable work.
- Mine and Processing Plant, Vietnam: Assistant to expert assessing parts of claim (USD 30 million) by the owner for extra costs incurred because of poor design, late design, and inadequate engineering input following termination.
- Nuclear Power Plant, Finland: Assistant to quantum expert on a dispute in which a consortium was engaged under an EPC contract to construct a 1,600MW new build nuclear power plant. The project suffered delays and a dispute has arisen between the owner and the consortium regarding responsibility for the delay and cost overruns. Considerable period spent at the Consortium Partners’ offices interviewing staff, reviewing cost data, variations, and accounts for various packages for incorporation into the extension of time/loss of expense claim for inclusion on the statement of case for arbitration.
- Pipeline and Tank Farm, Kuwait: Assistant case manager in an international arbitration involving a Kuwaiti sub-contractor in dispute with a Chinese main contractor on a pipeline and tank farm project. Duties included researching and extracting relevant information from copious amounts of documentation to draft the statement of case; briefing barristers; attending regular briefing and strategy meetings in Kuwait.
- FPSO’s Brazil: Three-month secondment to a contractor in Rio de Janeiro providing advice and assisting with the negotiations over the terms related to the termination (by mutual consent) of an EPC contract for two FPSO’s. Duties included advising on negotiation strategies, SWOT analyses and leading negotiation discussions with the employer. Also assisted with the commercial management of the project which was on-going. This included providing assistance to strengthen the contractor’s position with regards to delays on the project.
- Aromatics Plant, Singapore: Owner and contractor had agreed to a binding independent expert review of disputes related to 22 variations totalling USD 66 million. Assistant to the appointed independent expert and duties included reviewing documents, meetings with the parties, and preparation of the review report.