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Case Studies

Statutory Dispute Resolution

Expert Witness in the High Court

I was appointed by the plaintiffs as a construction expert witness in their action against the former directors of Mainzeal including the once Prime Minister, Jenny Shipley. After a day in Court giving forensic Quantity Surveying evidence I spent two days being cross examined by five barristers two of which were eminent Q.C.’s My evidence supported the plaintiffs who successfully established their $110 million claim.

During a dispute on apportionment between two insurers I was appointed as an expert witness on the quantum. The dispute was settled on my figures a few days before the high court hearing.

Adjudicating Disputes

I have Adjudicated disputes in New Zealand and in the UK. These remain confidential.

Adjudication Advocacy for plaintiff.

A national civils contractor completed a major subdivision with over 400 sections. Numerous design delays extended the work into the winter. I was commissioned to prepare a loss and expense claim of several million dollars and extension of time claim of more than six months. Ninety percent of the sum due and the extension of time was confirmed through Adjudication.

Contractual Dispute Resolution

Expert Witness in Arbitration

After being given the archive for a contract which reached practical completion six years earlier my forensic quantity surveying uncovered unpaid amounts of over four million dollars. The sum was in part due to negligence and bias by the Engineer and partially due to the ontractor failing to properly calculate the sum due. The Arbitrator revised the final account in the Contractors favor.

Expert Witness during mediation.

In a construction dispute between two well-known international blue chip companies I was appointed by the plaintiff as an expert witness. After court papers were filed the dispute was mediated. I assisting the plaintiff during the mediation which ended with an acceptable offer of several million dollars in line with expectation.

Undertaking mediation/Joint expert.

A dispute recently developed between two tier one contractors one of which was subcontracted to the other. The disputed variation account was over three million dollars. I was appointed to help settle the dispute. Following my report some claims were admitted others were withdrawn and the account settled for just over one million dollars.

Engineer to the Contract

Acting as Engineer to the Contract for a $60 million public sector project I valued $17 million in variations, awarded no extensions of time, completed the project under budget on the due date and settled the final account without dispute.

 
 
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