Cover
Author's Notes
1. Notes on Project References
Acknowledgements
Biographies
Preface
1. Why Have I Written this Book?
2. Objectives
3. My Journey from the Australian Bush to International Construction
4. Who Should Read this Book and Why?
5. Conclusion
1 Introduction
1. 1.1 Opening Remarks
2. 1.2 Section A – The State of the Industry (Chapters 2–6)
3. 1.3 Section B – People and Teamwork (Chapters 7–11)
4. 1.4 Section C – The Right Framework – Forms of Contract, Business Models, and Public Private Partnerships (Chapters )
5. 1.5 Section D – Management of Risk (Chapters 16–23)
6. 1.6 Section E – Robust Processes – Corporate and Project Management (Chapters 24–27)
7. 1.7 Section F – Emerging Conclusions (Chapter 28)
8. 1.8 Final Note
Section A: The State of the Industry
1. 2 Global Overview of the Construction Industry
  1. 2.1 Introduction – Globalisation Impacts on Construction
  2. 2.2 Construction Industry Cycles
  3. 2.3 Industry Trends – Business Models, Contract Types, Financing, Technology
  4. 2.4 Regional Trends – Middle East, Asia Pacific, Africa, the Americas, UK and Europe
  5. 2.5 Bad News and Its Consequences
  6. 2.6 The Good News – Significant Improvements in the Right Direction
  7. 2.7 Summary and Conclusions
2. 3 Construction Consultants in the Global Market Place
  1. 3.1 Introduction
  2. 3.2 Political Risk
  3. 3.3 Regional/Cultural Differences
  4. 3.4 Payment or Fee Recovery
  5. 3.5 Localisation
  6. 3.6 Failure to Attract or Retain Skilled People
  7. 3.7 Contractual Terms and Conditions
  8. 3.8 Ability to Deliver Across Major Projects/Programmes
  9. 3.9 Cyber Security
  10. 3.10 Contractor Failure
  11. 3.11 Design Liability
3. 4 Common Causes of Project Failure
  1. 4.1 Introduction
  2. 4.2 High Profile ‘Problem Projects’ Since 2000
  3. 4.3 The 35 Common Causes
  4. 4.4 Project Leadership – How Bad Can It Get?
  5. 4.5 Lessons Learnt from Incompetent Site Management
  6. 4.6 Conclusion
4. 5 The Use and Abuse of Construction Supply Chains
  1. 5.1 Introduction
  2. 5.2 Construction: An Outsourced Industry
  3. 5.3 Adverse Economic Forces Bearing Down on the Supply Chain
  4. 5.4 Supply Chain Dysfunctionality
  5. 5.5 Addressing the Issues and Solutions
  6. 5.6 The Future
5. 6 A Discussion on Preventing Corporate Failure: Learning from the UK Construction Crisis
  1. 6.1 A Call to Action'
  2. 6.2 Lifting the General Level of Corporate Management
  3. 6.3 Improving Risk Management
  4. 6.4 Joint Recommendations by the Corporate Risk Manager and the Investment Banker
  5. 6.5 Conclusions
Section B: People and Teamwork
1. 7 Obstacles to Senior Management and Board Success
  1. 7.1 Introduction
  2. 7.2 Groupthink and Team Selection
  3. 7.3 Training
  4. 7.4 Choosing the Wrong Strategy and/or Projects
  5. 7.5 Need for ‘Macro‐Level’ Focus, with Effective Corporate Oversight (‘the Wider Picture’)
  6. 7.6 Effective Communication and Delegation
  7. 7.7 Summary
2. 8 Structuring Successful Projects
  1. 8.1 Introduction
  2. 8.2 So What Happens on Successful Projects? What Are the Key Factors that Create Success?
  3. 8.3 The Different Activities and Responsibilities, from Concept to Completion of Construction
  4. 8.4 Checklist for Structuring Successful Projects
  5. 8.5 Summary
3. 9 Understanding and Managing Difficult Client/Contractor Relationships
  1. 9.1 Introduction
  2. 9.2 Problems Posed by Difficult Clients
  3. 9.3 How to Manage Difficult Clients
  4. 9.4 Problems Posed by Difficult Contractors
  5. 9.5 Steps to Manage Difficult Contractors
  6. 9.6 Conclusion
4. 10 Social Intelligence – The Critical Ingredient to Project Success
  1. 10.1 Introduction
  2. 10.2 Project Intelligence
  3. 10.3 Social Intelligence
  4. 10.4 Learning and Development
  5. 10.5 Building Cohesive Teams
  6. 10.6 Introducing a Specialist into Your Team
  7. 10.7 Coaching the Team
  8. 10.8 Managing Behavioural Risk
5. 11 Practical Human Resources Considerations
  1. 11.1 The Changing Job Requirements in the Construction Industry – Government and Corporate
  2. 11.2 The Argument for Broader Based Training of Tomorrow's Industry Leaders
  3. 11.3 What Makes a Good Leader in the Construction Industry – for Contractors, Government Departments and PPP Players?
  4. 11.4 Personnel Recruitment and Positioning – A Different Perspective
  5. 11.5 Leadership Considerations
  6. 11.6 The Inherent Risks of Decision Making for Survival
  7. 11.7 The Human Fallout from a Failed Project
  8. 11.8 Summary
Section C: The Right Framework - Forms of Contract, Business Models, and Public Private Partnerships
1. 12 The Contract as the Primary Risk Management Tool
2. 13 The New Engineering Contract (NEC) Interface with Early Warning Systems and Collaboration
3. 14 Development Contracting – An Efficient Way to Implement Major Projects
  1. 14.1 Introduction
  2. 14.2 Major Projects Are Unique
  3. 14.3 Commitment and Costs
  4. 14.4 The Tools for Successful Development Contracting
  5. 14.5 Conclusion
4. 15 A Critical Review of PPPs and Recommendations for Improvement
  1. 15.1 Introduction
  2. 15.2 Proponents and Opponents
  3. 15.3 Project Viability and Necessary Due Diligence
  4. 15.4 Some Current Perspectives on the PPP Process
  5. 15.5 Efficient Structuring and Managing of PPPs
  6. 15.6 PPP Claims and Disputes
  7. 15.7 Summary of Key Factors for Success and Minimising Risk
Section D: Management of Risk
1. 16 A Tale of Oil Rigs, Space Shots, and Dispute Boards: Human Factors in Risk Management
  1. 16.1 Human Factors in Risk Management
  2. 16.2 The Challenger Disaster
  3. 16.3 Dispute Boards
  4. 16.4 Nuclear Fusion
  5. 16.5 The ITER Project
  6. 16.6 Conclusion
2. 17 Effective Risk Management Processes
  1. 17.1 Introduction
  2. 17.2 Effects of Human Behaviour in Risk Management
  3. 17.3 Typical Project Risks
  4. 17.4 Keeping Risk Management Simple
  5. 17.5 Procedures to Eliminate, Mitigate, and Control Risks
  6. 17.6 Conclusions
3. 18 Risk Management and its Relation to Success in the North American Context
  1. 18.1 Introduction
  2. 18.2 Relationship of Success to Risk Management
  3. 18.3 Planning for Success and Managing Risks
  4. 18.4 Go/No‐Go Stage
  5. 18.5 Summary
  6. 18.6 Recent Projects: A Success and a Failure
4. 19 Early Warning Systems (EWSs), the Missing Link
  1. 19.1 Introduction
  2. 19.2 Look Outside of the Technical Bubble
  3. 19.3 Cultural Barriers
  4. 19.4 Learning to Value ‘Gut Feel’
  5. 19.5 Case Study
  6. 19.6 Summary
5. 20 Construction Risk Management – Technology to Manage Risk (ConTech)
  1. 20.1 Introduction to Technology in Construction
  2. 20.2 What Do We Mean by ConTech?
  3. 20.3 ConTech as a Tool Not a Toy
  4. 20.4 Major Projects – Temporary Smart Cities
  5. 20.5 Smart City Principles
  6. 20.6 ‘Smart’ Commercial Management
  7. 20.7 Dehumanising Risk Management
  8. 20.8 Joining the Dots for Exponential Growth
  9. 20.9 Project Control and Risk Management – The Future
  10. 20.10 Conclusion
6. 21 Intelligent Document Processes to Capture Data and Manage Risk and Compliance
  1. 21.1 Introduction
  2. 21.2 The Dimensions of IDF
7. 22 Organisational Information Requirements for Successful BIM Implementation
  1. 22.1 Introduction
  2. 22.2 Leveraging Organisational Information Requirements for Business Success
  3. 22.3 Developing OIRs Using BIM
  4. 22.4 Conclusion
  5. References
8. 23 Examples of Successful Projects and how they Managed Risk
  1. 23.1 Introduction
  2. 23.2 People, People, People – London 2012 Olympic and Paralympic Games
  3. 23.3 Managing Risk – Tunnels for Heathrow's Terminal 5 (2001–2005)
  4. Acknowledgements
  5. Bibliography
  6. 23.4 Cyber Design Development – Alder Hey Institute in the Park, UK
  7. 23.5 The Importance of Clear Ownership and Leadership by the Senior Management of the Client and the Contractor
Section E: Robust Processes - Corporate and Project Management
1. 24 Planning and Programming Major Projects
  1. 24.1 The Foundations of Success
  2. 24.2 Monitoring ‘Progress versus Programme’ and ‘Cost‐to‐Complete versus Budget’
  3. 24.3 Extensions of Time, Concurrency and Associated Costs
  4. 24.4 Ownership of Float
2. 25 Managing and Resolving Conflict
  1. 25.1 Conflict Can Be Good
  2. 25.2 Co‐operation Versus Confrontation
  3. 25.3 We Are All Different
  4. 25.4 Fairness or Justice (or Both)
  5. 25.5 Relationships
  6. 25.6 The Move Towards Collaborative Working
  7. 25.7 Best Deals
  8. 25.8 Staged Resolution
  9. 25.9 Conclusion
3. 26 Dispute Resolution – The Benefits and Risks of Alternative Methods
  1. 26.1 Introduction
  2. 26.2 Avoiding Formal Disputes Through Early Communications and Negotiations
  3. 26.3 Main Considerations of the Parties When They End Up in a Formal Dispute
  4. 26.4 What Do Commercial Clients Want Out of a Formal Dispute Process?
  5. 26.5 Working with Lawyers
  6. 26.6 Techniques for Negotiating Settlements
4. 27 Peer Reviews and Independent Auditing of Construction Projects
Section F: Emerging Conclusions
1. 28 Conclusions and Recommendations
  1. 28.1 Overview
  2. 28.2 Where Is the Global Industry Headed?
  3. 28.3 Key Observations and Recommended Actions
  4. 28.4 Final Thoughts
Appendix A
Index
End User License Agreement

List of Tables

Chapter 5
1. Table 5.1
Chapter 14
1. Table 14.1 Stakeholder strategy, responsibilities and deliverables matrix.
2. Table 14.2 Standard report including.
Chapter 17
1. Table 17.1 Example of a ‘by exception’ report.
Chapter 18
1. 18.1 An example of some of the components of an initial ‘go/no go’ risk matrix.
2. 18.2 An example of a generic risk matrix based on the assumption the project is ...
Chapter 19
1. Table 19.1 Examples of behavioural blockages to the use of EWSs.
Chapter 22
1. Table 22.1 Organisation activities as per PAS1192‐3 versus required information ...
Chapter 28
1. Table 28.1 Different Levels of Contractor Efficiency.

List of Illustrations

Chapter 6
1. Figure 6.1
Chapter 8
1. Figure 8.1
Chapter 10
1. Figure 10.1 The three components of project intelligence.
Chapter 14
1. Figure 14.1 The stakeholder communication globe.
2. Figure 14.2 Typical graphical project plan.
Chapter 17
1. Figure 17.1 Bid Risk management team structure.
Chapter 20
1. Figure 20.1 The ‘commercial’ triangle.
2. Figure 20.2 The progression ‐ commercial triangle to tetrahedron to 3D ...
3. Figure 20.3 A very simple exponential versus straight line change.
Chapter 21
1. Figure 21.1
Chapter 22
1. Figure 22.1 Components of building information modelling.
2. Figure 22.2 Framework for the relationship between business success and ...
3. Figure 22.3 Relationship between the elements of information management ...
4. Figure 22.4 Categories of Organisational Information Requirements.
5. Figure 22.5 Subcategories of organisational information requirements (1)...
6. Figure 22.7 Example template for OIRs.
7. Figure 22.6 Sub‐categories of organisational information requirements (2...
Chapter 23
1. Figure 23.1 Aerial view of the T5 project (Williams 2008).
2. Figure 23.2 T5 project and the location of the tunnel projects (Williams...
3. Figure 23.3 The right values and behaviours.
Chapter 24
1. Figure 24.1 A typical S‐Curve.

Endorsements for “Global Construction Success”

The authors of Global Construction Success are extremely grateful to have received the following endorsements from industry leaders in the U.K., U.S., South Africa, China, Malaysia, Singapore and Australia.

Lord Andrew Adonis Chair of the UK National Infrastructure Commission 2017

Secretary of State for Transport 2009‐10

Minister of State for Transport 2008‐09

“Charles O'Neil and his co‐authors have produced an impressive and important contribution to the construction industry that should be read by everyone involved in construction projects”.

Nick Barrett Editor of Construction Law Magazine, U.K.

“This book emphasising human factors and risk management in delivering successful construction projects comes at a potentially crucial turning point for the construction industry, with a new readiness to consider major changes to business models and processes evident following the Carillion collapse in the UK. The industry needs to read it”.

Matthew Bell Senior Lecturer and Co‐Director of Studies, Construction Law,

Melbourne Law School, Australia

“Introducing this immensely useful book, Charles O'Neil writes that ‘there is no better experience than learning the hard way’. This is true. Charles and his colleagues have generously shared their experience on construction projects around the world so that the rest of us can recognise and steer away from the commercial, technical and – especially – human factors which cause so many projects to founder”.

Ann Bentley Global Board Director, Rider Levett Bucknall

Member of the UK Construction Leadership Council

“A very well researched and easy to read book, which adds to the growing body of knowledge demonstrating that there is a better way of doing things in construction”

Gerhard Bester MD of CAPIC, a South‐African owned, specialist consulting services firm in the infrastructure development, construction and engineering industries.

“Africa's decision makers, both public and private, clients and contractors alike, should jump at the opportunity to acquire the benefit of hindsight from the industry in first world countries – Africa generally follows their infrastructure delivery mechanisms, contracting regimes and unfortunately, consequential flaws… Africa has some additional variables to make things more challenging, but we cannot afford to ignore the wisdom and guidance on the way forward if we are to achieve “Global Construction Success” as presented by Charles O'Neil and his co‐authors in this aptly named book!”

Chris Blythe CEO, The Chartered Institute of Building, U.K.

“A great read with something for anyone wanting a successful construction industry. Construction is the art of getting ordinary people to do extraordinary things. Throughout the book, contributors show the best and worst behaviours that give the industry its extremes of reward and frustration. The wrong behaviours take the ordinary and produce the mediocre by repeating mistakes and not learning from them. Construction is too important as a driver of the global economy for the risks of failure to be as high as they are. This book offers an agenda for de‐risking construction.”

Dr. Fuyong Chen Deputy Secretary‐General of Beijing Arbitration Commission/Beijing International Arbitration Centre; Vice‐President of Asia Pacific Regional Arbitration Group

“Global Construction Success is a must‐read for any decision makers in the construction industry. As a leading arbitration institution in China, Beijing Arbitration Commission/Beijing International Arbitration Center has accepted over 6000 construction cases since its establishment in 1995. These cases involved nearly any type of dispute that a project may have. However, all these disputes are definitely not inevitable. The recipe to avoid dispute is clearly included in the recommendations made by a stunning line‐up of industry experts in this book”.

John Dick Partner, Dentons Rodyk & Davidson LLP, Singapore

“I have known Charles O'Neil for over 25 years, from his days running the Somerset Chancellor Court development in Ho Chi Minh City Vietnam. One thing about Charles that I have noted over the years is that when he expresses an opinion, it is worth listening to him. This work provides readers with a practical insight into understanding risks and how to manage them for successful project implementation. It highlights deficiencies in current infrastructure development frameworks, particularly relevant in the South East Asian markets, where Governments are relying more and more on PPP type frameworks for infrastructure development. Essential reading for construction success.”

Mark Farmer Author of The Construction Industry Review “Modernise or Die” 2016, U.K.

“I believe we stand at an unprecedented crossroads in the construction industry's evolution driven by a structural and long‐term decline in skills and capability. This is no longer another false dawn driven by periodic discontent. The risks of continuing are now all consuming and include the increasingly destructive consequences of poor risk management and embedded conflict. The burgeoning technology led opportunity we are now presented with as our potential saviour will not be maximised though without embracing fundamentally different organisational, procurement and contractual models that drive process integration & common interest. This book is a very useful reference point using key lessons learned and pointing the way forward.”

Professor Peter Hansford Honorary Professor in the Bartlett School of Construction and Project Management, University College London,

Former Chief Construction Adviser to the UK Government

Charles O'Neil and his contributors tackle the underlying issues in construction head on. This book sets out clear recommendations aimed at achieving tangible change. Building on his previous book, ‘Human Dynamics in Construction Risk Management – the key to success or failure’, O'Neil identifies human behaviour as a key ingredient to project success; this together with ensuring appropriate business models, embracing technology and of course adopting rigorous risk management – all subjects very close to my heart. I commend this book to students of project management, as well as to practitioners at all levels.

William A Marino CEO, Star America Infrastructure Partners, LLC, New York, USA

Chairman, Association for The Improvement of American Infrastructure (AIAI)

Charles O'Neil helps crystallize Public Private Partnerships as an important tool to be used in addressing America's crumbling infrastructure needs. Infrastructure in the U.S. has aged and, in many cases, has passed its useful life. The costs to revive this vital area, while addressing advances in technology, efficiency in process, and life cycle, are well documented by Mr O'Neil. Great work, well written.

Leighton O'Brien Partner, Construction and Infrastructure

Allens Linklaters Lawyers, Sydney, Australia

“O'Neil's book is a comprehensive review of the challenges and successes in the field. It will appeal to all participants in the construction industry as it is both approachable and authoritative.

The book presents a distillation of many years of experience and wisdom into an easily digestible format that utilises case‐studies to reinforce concrete and practical lessons about successful construction projects.

Guest chapters by other notable figures within the industry provide a broad range of perspectives on a variety of topics internationally that gives the text added legitimacy and a global reach.”

Datuk Sundra Rajoo Director Asian International Arbitration Centre (AIAC), Kuala Lumpur, Malaysia

Past President of the Chartered Institute of Arbitrators, U.K. (2016)

“This book is an exceptional collection of insight and wisdom from various experts across the global construction industry. It provides a 360‐degree overview of the current state of international construction, including impacts of globalization, a detailed analysis of industry and regional trends in construction as well as the challenges faced by various sectors in the industry, making it relevant across the globe. This book is also written in simple and effective language, identifying the key areas of improvement within the industry and offering viable solutions for all stakeholders concerned. The author has also done a remarkable job in structuring the book in such a way that makes it thorough and comprehensive, which is a boon for all of us in the industry. I believe this book will be a useful reference for all stakeholders concerned with navigating the emerging issues and challenges of risk management that plague this industry today”

Ian Rogers Senior Legal Adviser, Arup, U.K.

“This hard‐hitting collection of essays reveals the real problems in the construction industry, identifying not just the symptoms and how they might be treated, but also tackling the underlying causes. People and governance are top of the list and until these are addressed, change will be merely superficial. It is a vitally important contribution to the debate over the future of a key global industry”.

Carol Stark Managing Director, Aon Infrastructure Solutions, Chicago, USA

Global Construction Success provides an insider perspective on the construction industry as well as the PPP industry. The authors simplify the keys to a successful PPP procurement while challenging the industry to evolve. Their insights span the globe, highlighting the challenges a Special Purpose Companies face in implementing fulsome risk management programs when entering new geographies.

Don Ward CEO of Constructing Excellence, U.K

“So many Governments and industry stakeholders around the world are anxious to see construction sector reform for major improvement in delivery. So why doesn't it happen faster? The insights in this book are hugely valuable to policy makers and industry leaders everywhere, with their focus on getting strong leadership and vision for projects, modernising the capability of people culture & behaviours in project teams, and aligning common processes and tools. Perhaps most crucial is the alignment of commercial arrangements throughout the supply chain.”

Biographies

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

www.richardbayfield.com

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:

Three times British Construction Industry Award (www.bcia.org.uk) winner as Client representative – 2016 – Sainsbury Wellcome Centre at UCL, 2013 – Bishop Edward King Chapel, Cuddesdon Oxford and 2002 – Honda New European Plant, Swindon.
Member of Construction Minister's sounding board of 6 ‘key industry figures’ appointed to assist the DTI/BEIS (2006/10).
Member of London 2012 Olympics and Heathrow Terminal 5 Dispute Panels.
Former Chairman and Honorary Member of Society of Construction Law (2006).
Joint author of DTI/BEIS sponsored report analysing 40% construction savings made by Honda when developing its 600 acre site at Swindon (2001/2002).

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:

BA (Hons) in Architecture. Oxford Brookes University
Post‐Graduate Diploma in Architecture. Oxford Brookes University
MSc Construction Economics and Management. London South Bank University
Chartered Member of the Royal Institute of British Architects.

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.

Notes on Project References