David Canning. David Canning. inspiring complete confidence and trust

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1 CEDR Accreditation: CEDR Panel Member Since: Languages: Location: English United Kingdom David Canning inspiring complete confidence and trust Client Feedback Overview David Canning is a civil engineer specialising in dispute resolution as mediator, adjudicator, adviser and trainer. He has been an active mediator and adjudicator for more than fifteen years and has assisted parties to settlements where matters have included not only contractual, technical and professional issues, but also allegations of victimisation, fraud and criminal negligence. Whilst his technical background is particularly relevant to construction and engineering, he also mediates disputes involving other sectors including charities, insurance, PFI/PPP, transport & energy and supply of goods & services. David was a Director at CEDR between 1996 and Professional Background A practising civil engineer for 45 years David worked for both contractors and consulting engineers before joining High-Point Rendel (HPR) in Subsequently he was responsible for a wide variety of dispute resolution activities including claims, contract advice, risk assessments and time-impact analyses for contractors, banks and other clients in UK and internationally. David s recent work includes advising on projects related to power generation, metro rail systems, and other infrastructure development in the Middle East & UK. He assisted a major oil company in settlement of multi-million dollar disputes on a trans-national pipeline project and has advised on contract claims in offshore construction, shipbuilding and ship conversion projects. During his career with HPR David was responsible for all HPR s independent appraisal and risk assessment work in connection with the US $10 Billion Great Man Made River Project in Libya and he also led a team working with TML to resolve the major Fixed Equipment disputes arising on the Channel Tunnel Project. More recently he led that company s claims team on the Dubai Metro Project. David has been engaged frequently as an expert witness by parties and by tribunals in arbitration and he has given decisions/opinions in disputes concerning personal injury and professional negligence, as well as in construction which has required expertise in engineering, management, planning and quantum. 1

2 He has also delivered more than thirty significant adjudication decisions. Expertise Energy & Natural Resources Infrastructure Sale of Goods & Services Commercial Contracts Professional Negligence Shipbuilding Construction & Engineering Property Utilities Personal Style David considers himself a facilitative mediator, believing that the parties should own their settlements, but he also recognises that parties may sometimes seek a more evaluative approach. His extensive experience of arbitration and as an adjudicator equips him to be more evaluative when required. Feedback Clients at David s mediations have commented on his willingness to explore possible solutions and to listen, consider and gently persuade, describing him as very patient, realistic, and with good technical knowledge. They have also referred to his ability to quickly win the parties trust and confidence. Other clients have noted his professionalism in inspiring complete confidence and trust, meeting every expectation and that he is...good at building relationships in addition to his professional attributes. Dispute Experience (Non-Mediator/Adjudicator work in Italics) Commercial Contracts Industrial Plant Equipment UK (Claim 600k): Dispute between equipment and previous owner of business over recovery of remedial costs. Complicated by presence of parties from UK, USA and Germany. Settled within a month of mediation. Complex dispute (> 2Million) between pharmaceutical company contractor and specialist subcontractor (in administration) - settled on day Charitable educational body & specialist consultants (PI insurers present) settled on day Dispute between International Parties involving European machinery supply to a major pulp processing plant in the Far East settled in 3 days IWPP Project Middle East: Commercial risk adviser to Concession Company. Confidential Procurement Strategy Report for UK Naval Dockyard: (US$ 450 Million) 2

3 Construction & Engineering Building Works UK (Claim 300k): Dispute between builder and his structural engineers. Some acknowledged defects in design but causation and damages at issue settled on day. Court-referred three party dispute on foundation design no settlement but trial issues reduced. Retail Park Plateau (> 250k): decision covering design liability for retaining walls. Issues included complex geotechnical arguments, interpretation of contract and what constituted Works Information under NEC. Wharf Development UK: decision on defects and payments due on alleged completion of paving, requiring very detailed analysis of rights and obligations for bespoke contract. Cement Works - West Africa (Claims > 10M): three separate contractual adjudications, between the Owner and civil works Contractor under bespoke contract. Decisions on measurement and interim certificates & payment, covering technical issues, VAT, withholding tax and interest. Extensive use of telephone with the permission of the parties to address procedural issues. High Quality Residential Development London: decision on payment due after collapse of external ceilings Cement Works Dispute: Expert appointed by ad-hoc International Arbitral Tribunal using ICC Rules (>US$10 Million claims and counterclaims between JV parties). Automated Paper Storage & Handling Facility for UK National Newspaper Press: expert advice concerning dispute over performance and time. Energy, Natural Resources & Utilities Scandinavian contractor & African mining company after settling limited issues in one mediation, the parties asked David to conduct a second mediation (3 days) leading to settlement of all outstanding issues (> US$10 million) without legal representation. Power Station UK: Bespoke contract between UK Owner and overseas Contractor. Declaration given concerning insurance provisions in the contract and actions of the parties potentially very significant value > 10M Named adjudicator in major Middle East gas facilities contract Combined Cycle Independent Power Project Middle East : UK based director for High-Point Rendel team assisting contractor with all commercial matters. Oil & Gas Pipeline Project: Leader of High-Point Rendel team providing commercial/scheduling review and advice to major oil company in settling contractors claims. Offshore Platform - Compliant Piled Tower: Expert for EPIC contractor in disputes on this major offshore construction. 3

4 Combined Cycle Power Station, Pakistan: Supervising in-house team providing expert advice to insurer on time and quantum in relation to business interruption claims. Offshore Hook-Up Contract Dispute: Expert witness in arbitration of dispute (US $40 Million) in relation to a major contract in the Arabian Gulf. Saudi-Iraq Pipeline: Expert witness in two ICC Arbitrations concerning pumping stations. Pulp Processing Plant Dispute: Director responsible for expert team assisting one party, leading to settlement. Infrastructure Bridges Jamuna Bridge River Training Works, Bangladesh: Assistant facilitator in resolving outstanding contract disputes on major contract (~ US$ 300 Million) Shaikh Zayed Bridge Abu Dhabi: Member of independent internal review team, undertaking regular commercial risk reviews of this landmark bridge project for which High-Point Rendel provided design and supervision services. Rion-Antirion Bridge, Greece: tender report to Government on contractual issues in relation to BOOT concession tender for this major bridge crossing (circa US$ 500 Million). Jamuna Bridge Project, Bangladesh: specialist contractual advice for this US$ 700 Million project funded by the World Bank and the Asian Development Bank. Highways Road & Bridge Works - UK (Claim 100k): Dispute between government agency and statutory undertakers over costs settled on day. Highways Term Maintenance Contract UK (Claim 800k): Dispute between main contractor and subcontractor concerning measure and value of many small items. He established soon after appointment that there was only one key issue. Following conference calls with parties solicitors, he gave a preliminary opinion on liability upon which the parties agreed to settle the quantum. Local authority employer & contractor for road contract (NEC) - decision on final account including delay & disruption claims, measure and value Roadworks Interchange UK (Claim ~ 650k): Contract on NEC 1995 between Local Authority Employer and Contractor. Decision on final account including delay & disruption claims, measure and value. Major Urban Trunk Road, London: Director managing High-Point claims team for leading UK contractor. 4

5 Second Bosphorus Crossing, Istanbul: claims evaluation and preparation for potential arbitration in connection with motorway approaches (200km approx). Ukraine Roads Department - Ukravtador (2011): Preparation & delivery of training programme to senior officials on FIDIC contracts, particularly application of the Red Book under a World Bank institutional development programme. Water & Marine Works Water Supply & Drainage Works NI (Claim 2M): Dispute between Contractor and Local Authority Employer under NEC form of contract settled on day. Flood Prevention Scheme (> 500k): decision on a wide variety of variation and rating issues, requiring detailed factual investigation and interpretation of contract. Jetty Works UK: Contract between Contractor and Consulting Engineer ACE Conditions. Dispute concerned design of link span which allegedly would not fit. Declaration given after receipt of expert reports from both parties. Value not declared but potentially very significant damages. Major Infrastructure Development Bahrain (2010): -Advising confidential government client on claims by contractors and consultants, leading to successful settlements (Contract value ~ 150Million). David included as honest broker in all settlement negotiations with consultant. Great Man Made River Project, Libya (1987 to 2005): Director responsible for all High-Point Rendel's independent risk assessment and project monitoring work, on behalf of the Bank Syndicates providing bonds and guarantees to the Korean contractor for this US$ 10 Billion water supply project. The works include the construction and operation of two major pipe manufacturing plants worth more than US$ 800 Million. Port Development Contract, UK ( ): expert witness in arbitration and subsequent litigation concerning substantial dredging works for port development. Coffer Dam Failure (1986): expert witness on liability and quantum for High-Court action. Railways/Tramways UK Busway Project ( ): Advice on quantum of design claims under NEC 3 target cost contract for high profile litigation Dubai Metro Project: Director for High-Point Rendel team providing commercial support and dispute resolution advice to contractor. Railtrack: Project Director for National Call-Off Contract for consultant risk assessment services. 5

6 Tunnels Spray Concrete Lined Tunnel Dispute, UK: Expert engaged by Local Authority client to advise on and subsequently to facilitate a successful settlement (> 5 Million) Channel Tunnel: Project Director for HPR s team assigned to assist Transmanche Link (TML) - an international joint venture of ten contractors constructing the Channel Tunnel - to resolve contractual disputes with Eurotunnel: particularly concerned with the Fixed Equipment dispute ( 1.2 Billion) covering the installation of mechanical, electrical, control and communication systems. Heathrow Tunnel Collapse: Independent report for Underwriters Shipbuilding Conversion of Bulk Carrier to DP Pipe-laying Ship: Contractor appointed expert on construction, fit-out and planning issues in major dispute (> US $200 Million) in international arbitration. Cruise Liner Conversion: Expert on planning and scheduling appointed by administrators to shipbuilding company in US$ 80 Million international dispute. Drill-ships Dispute: Expert appointed by shipbuilder s lawyers to advise on planning/scheduling and quantum in relation to disputes totalling US$ 200 Million. Professional Negligence Mediated settlement in dispute between builder & structural engineer concerning damages and causation (PI insurers present). Civil Works for Industrial Development UK: Mediated settllement in dispute between contractor and his consulting engineer over causes of failures and costs of remedial works. Collapse of Truck Body on Site UK: Subrogation case in which four parties, including one European party, present and legally represented at mediation settled on day. Trench Collapse, UK (2001 to 2003): Sole joint expert appointed by the parties to give opinion on a significant personal injury case in litigation. Property Tenant and Housing Association: referred by Housing Ombudsman (non-financial settlement). Party Wall dispute in London Property Owner and Builder time limited mediation under London County Court scheme 6

7 Qualifications/Registrations MA (Mechanical Sciences Tripos Cambridge University) CEng MICE FCIArb Mediator CEDR Registered/CEDR Solve Panel TeCSA listed Director of CEDR 1996 to 2002 Adjudicator ICE List since 1996: Also listed and nominated by CIC, CEDR and Highways Agency. Dispute Boards Training by ICE & DRBF Career History High-Point Rendel: Director/Operations Director (as described above) Rendel Palmer & Tritton Managing Engineer - London Particularly concerned with the intended rehabilitation of offshore Oil Terminals in Iraqi waters, by using single buoy moorings on a temporary basis, and contract finalisation for the Thames Barrier in London Resident Representative - Indonesia Represented firm throughout S.E. Asia. Responsibilities included administration of contracts in Indonesia, business development, submission of proposals and contract negotiations particularly involved in rural roads programme Chief Engineer - Bahrain Responsible in the Arabian Gulf for proposals, negotiations, studies, design, tender documentation, contract administration and management for a variety of projects including roads & bridges, power stations, aluminium smelter marine facilities and offshore oil industry support facilities Scott Wilson Kirkpatrick & Partners Assistant Director (Indonesia) for World Bank (IBRD) Study of Labour Intensive Civil Engineering Methods, with additional involvement in parallel studies in India, focusing on road and canal construction Engineer/Senior Engineer, Rendel Palmer & Tritton Involved with Channel Tunnel Rail Link, Box Girder Bridges and Northgate Bridge, Baghdad. Also lectured to practising bridge engineers on Box Girder Design, for CONSTRADO and at Brixton College of Building/South Bank Polytechnic on Soil Mechanics to degree level Engineer/Manager, Costain Civil Engineering Limited Responsible for the construction of motorways, bridges and airport works in UK, including contracts on M4 Motorway and Heathrow Airport. 7

8 Official Positions Immediate Past Chairman ~ Dispute Resolution CPD Review Panel for ICE (Institution of Civil Engineers) Hon Treasurer ~ Arbitration Club (Law Courts Branch) Past director of CEDR (Centre for Effective Dispute Resolution) Past member of Board of Advisers to ECI (European Construction Institute) Past member of Western Europe Committee of BCB (British Consultants Bureau) Technical Papers Adjudication Society Annual Conference London 2011 Education, Training and Selection of Adjudicators ICE Annual ADR Workshops 2009 to 2012 Organiser, chairman, speaker and/or workshop leader CEDR Conference on Settlement of Disputes in International Arbitration Speaker on Arbitration Practice in Arabian Gulf Commercial Aspects of the Great Man-Made River Project - MPA (Major Projects Association) 1998 International Construction Contracts Training Courses (International Study Group) delivered in Cyprus, London & Reading 1996 to Papers included: Claims under the Red Book Prolongation & Disruption Claims Procedures Evaluation & Problems Claims Negotiation and Workshops CONSTRADO Conferences on Merrison Report for Box Girder Bridges (1974) prepared & delivered paper on Sheer-lag in Box Girder Flanges 8