MCIOB MAE Senior Director Construction Solutions clive.holloway@fticonsulting.com LEVEL 22, THE CENTER 99 QUEEN S ROAD CENTRAL CENTRAL HONG KONG CORE SKILLS Programme Expert Forensic Planning Critical Path Analysis Extension of Time Impact of Change Analysis of Delay Programme Feasibility As-Built Programmes Prepare or Defend Claims Programme Management Dispute Resolution Risk Assessment Production Control Performance Efficiency PROFESSIONAL AFFILIATIONS Member of the Chartered Institute of Builders Practicing Member of the Academy of Experts Member of the Society of Construction Law Clive Holloway is a Senior Director in the Construction Solutions practice in Asia Pacific and is based in Hong Kong. Mr. Holloway is an accomplished construction professional with over 35 years experience (15 as a practitioner, and over 20 in consulting) in planning, programming, scheduling, delay analysis, time related issues, etc. He is adept in the forensic prospective and retrospective programme analysis of delay, and has a strong understanding of the methods/approaches available to determine extensions of time (EOT). He has used his fundamental knowledge and referred to his vast work experience, in his specialised field, to develop skills and techniques in the analysis and resolution of projects in delay. Having worked in many international locations, Mr. Holloway has global exposure. He previously worked in Hong Kong from 1998 to 2004, following this he was in the Middle East from 2008 to 2011, before returning to Asia in 2012. His work has been in many sectors, including; construction, building, civil engineering, infrastructure, transportation, rail, road, oil & gas, LNG, energy, etc. Mr. Holloway is a programme expert and forensic delay analyst, providing advice and/or opinion on matters of time and delay. He has considerable experience in the preparation of delay, disruption, extension of time (EOT) and other timerelated claims, and counter-claims; and in the defence/rebuttal thereof. He has acted for claimants and/or defendants, producing numerous time-related reports; some less formal expert advocate reports with respect to the risks, strengths and weaknesses of claims for adjudication, mediation, negotiation, amicable settlement; and more formal expert witness reports for arbitration and litigation. As such, he is fully aware of the role and obligations of an expert witness, understands the need to provide independent opinion to the tribunal, relevant to his expertise, appropriate to the case and as outlined in the brief. Mr. Holloway has been appointed as expert witness on many occasions, and he prides himself in being able to narrow the issues to help resolve the differences, before the hearing, and so has not had to give evidence in arbitration or litigation. However, he has a significant amount of experience in meeting with legal counsel and lawyers to prepare for cross-examination; testing his analysis, reports and opinion; meeting with opposing experts in formal proceedings and formulating joint statements; so he is well versed in the dealing with the expert role, and the need to be independent in this role. He has, on many occasions, presented his analysis and opinions in adjudications, mediations, negotiations, amicable settlements, and other similar informal tribunal proceedings. Mr. Holloway has the ability to; grasp, assess, understand, diagnose situations; identify key issues, analyse options; identify the range of possibilities, likely outcomes, assess the risks; establish best approach re analysis of delay; define appropriate action; implement, delegate, expedite the tasks; prepare clear, thorough and uncomplicated factual reports and charts that focus on the issues and matters in dispute; produce simple illustrative presentations. Mr. Holloway has experience of many Contracts, with respect to clauses in relation to the time-related issues on projects and matters affected by delay events, rate of progress, delay notices, extension of time, liquidated damages, compensation events, mitigation, acceleration, variations, impact of change, etc.
Work Experience in Sectors INFRASTRUCTURE and TRANSPORTATION Metro Rail System Project in the UAE: Reviewed, analysed and provided advice with regard to the Contractor s EOT entitlement, acceleration, delay and disruption claims to the various elements of two phases of the Dubai Metro project. The assignment for the RTA included a review of the Engineer s assessments, decisions and awards. Doha to Dukhan Highway Qatar: Preparation of an EOT claim for delays suffered with respect to the construction of a new 42km highway with five interchanges on a project in Qatar, for an Malaysian JV, using time-chainage analysis and productivity S curves. Main delay issues related to rock cutting, traffic flow and diversion of existing utilities. Station and Tunnels DTL Ph 2 Singapore: Provided programme delay analysis services to further enhance, improve and particularize the contractors adverse and un-foreseen ground condition claims rejected by the MRT Engineer. New Jetty Facility Jurong Island: Provided programme delay services to prepare a claim for the contractor to support a consolidated EOT claim using the notified events, producing chronologies, delay charts, explanatory narratives. Hong Kong Airport Express Station: Review of a delay claim that secured EOT, however costs were recompensed on theory, for costs the EOT should have been based on facts and related to actual delay and loss actually incurred. Hong Kong Airport Passenger and Cargo Terminals: Provided programme expert services to JV contracting organisations involved in the construction and fit out of the new passenger and cargo terminals in Hong Kong. Prepared and presented delay analysis of the impacts / effects of events / change, related to prolongation costs. Hong Kong Airport Airfield Runway Works: Provided programme expert services to a JV contracting organisation regarding the construction of the airfield works in Hong Kong, runway, taxi-ways and apron areas. Prepared a claim in respect of disruption, presented in the mediation hearing with a favourable result. Various Hong Kong West Rail Stations: Commissioned by various main contractors as programme delay analyst to review, improve and enhance EOT delay claim submissions based on the events and occurrences on a number of Kowloon-Canton Railway Corporation (KCRC) stations in Hong Kong. Drainage, Sewerage and Sludge Schemes in Ashford UK, Cornwall UK, and Cork Eire: As an independent expert, required to analyse, assess, evaluate and establish appropriate EOT; concurrency of employer and contractor relevant delaying events was an issue in all cases, and on all three separate projects; material facts was a feature. Turnkey Military Camps Russia (Zernograd, Yelnya, Rostov, Bogochar): Provided programming expert analysis and advice for major International contractors on the new township developments in Russia for the returning troops from East Germany. Prepared claims for EOT based on various delay heads and common problems for submission and presentation to the German authorities for appraisal, negotiation and eventual settlement. UK Channel Tunnel Rail Link Signal Works: Commissioned as programme expert to review and analyse issues with respect to delays to the signalling work installations relating to conflicts of the French and UK work specifications. Docklands Light Railway London; commissioned by the contractor to prepare claims for events and delays suffered in the construction of a major section of the DLR with many complicated interface issues with other contractors. Lewisham Town Centre Redevelopment: Commissioned by the borough council to review, assess and challenge claims from the contractor when redeveloping the town centre; carried out in complex phases to maintain access. Shatin Road and Noise Barrier in Hong Kong: Provided claims assistance to the contractor to review and analyse the delay events that were encountered, assess the impact on the planned works programme, and establish EOT. OIL & GAS, POWER, ENERGY, PROCESS and INDUSTRIAL Off-shore Process Platform Malaysia: Provided programme delay expert services to review EOT delay claim with respect to the design, procurement, fabrication, float out, installation, hook up and commission the topsides, jackets, and flares, and to provide guidance and advice as to the way forward to further develop the head of claim delay events, and identify new events, and produce an action plan to produce a consolidated claim submission.
LNG Pearl Project Ras Laffan Qatar: Preparation of an EOT delay claim for a Korean contractor on a large Gas to Liquids (GTL) Project in Ras Laffan, Qatar for an International Consortium, impacting various head of claim delay events, focusing on the late provision of interface facilities. This work resulted in an acceptable financial settlement when the critical impact of late facilities, especially late steam utilities supplied by others was demonstrated. LNG Mega Project Risk Perth Australia: Assessment of the risks in the tender plan and programme schedule with respect to time periods, feasibility, scope, labour and plant resources, and proposed methods of construction, etc. District Water Cooling System Project Saudi Arabia: As programme expert, independently assessed the EOT entitlements of the contractor re the relevant events alleged to have caused delay; produce risk table of outcomes. Onshore Oil Terminal, Pipeline and Offshore SPM Facility: Acted as support to the main planning expert witness for a global O&G engineering, design and procurement organisation in defence of claims for damages and associated costs for alleged late design. The forensic analysis revealed that the cause of delay was related to lack of finance. Onshore Gas Terminal and Offshore Pipeline Vietnam: Appointed by a global O&G client to provide programme expert services to review, assess and rebut a delay claim for an EOT and costs from the Australian EPC contractor. CCGT Power Station Killingholme UK: Commissioned by the client a major power provider to evaluate, risk review and assess the practicalities of a tender by a German contractor with respect to schedule, logic and sequences. LNG Import Facility Isle of Grain UK: Retained as programming expert by the client a major UK gas provider to defend a claim with respect to a dispute related to the conversation of a LNG export facility to an import facility. Forensic analysis revealed that the dominant causes of delay were not the head of claim delay events as alleged. Ethylene Pipeline Cumbria UK: Provide programme expert analysis of the pipeline construction from Scotland to Liverpool; prepared and submitted a report to the global O&G client; main issues related to the main line welding crew failing to pick up 90% of the welds, as was planned, due to the many issues and head of claim causes, missed welds were picked up by the more expensive and slower mini welding crews. LG Semiconductor Plant Wales: Seconded to the contractor to liaise and co-ordinate with the specialist Korean contractors with respect to the risks of constructing the clean room to high standards and within the time frame. Cement Plant and Jetty Chile: Appointed as a programme analyst for a contractor building a cement import facility and jetty in Chile. Prepared an EOT claim mainly related to the delays in design and produced a report of findings. Coca-Cola Plant Belfast: Provided analysis of the delays on the new plant facility being developed in Northern Ireland; provided assistance to the Contract Administrator to assess and establish appropriate EOT entitlement. BUILDING CONSTRUCTIONS New Condominium High Rise High Quality Apartment Blocks Singapore: Provided programme delay analysis services to prepare main contractor submissions to support individual, and a consolidated, EOT delay claims. Medical and Hotel Facility Singapore: Provide programme delay expert services to review the contractors EOT delay claim with respect to the construction of the frame and envelope stage of the building, and to guide and advise as to the way forward to further develop the delay events, identify new events, and produce a consolidated claim. Resorts World Project Sentosa: Appointed as programme delay expert to forensically analyse and demonstrate the delay to the M&E works that entitled the NSC to an EOT; and the subsequent acceleration instruction that required an increase in man-hour resources; as a consequence in-efficient working and reduced productivity resulted. River Safari Project Singapore: Provided assistance to the contractor to develop heads of claim from delay events to support an EOT entitlement claim from the relevant events that occurred and show cause and effect impacts. Athletes Village Stratford London: Required as programme expert analyst to review rate of progress, performance, productivity, claims, disputes, acceleration, prolongation and other final account issues, from the numerous trade contractors involved in the construction and fit out of 20,000 rooms for the accommodation of athletes. Airport Fit-Out Project in Qatar: As programme expert, reviewed EOT entitlements that were evident at the time of termination, accounting for the contractual situation with respect to time, delay, progress and mitigation.
Office Development in Manchester: Preparation of a programme delay expert witness report in response to and defence of an Adjudication referral notice with respect to an EOT delay claim on a 10 storey office block in the UK. Zoofenster Skyscraper Berlin: Reviewed and provided expert advice with regards to the contractors EOT delay claim and the target completion programme status re the tallest high-rise building (hotel, office, residential) in Europe. Royal Terrace and Chambers Development Guernsey: Assisted the main programme expert in the analysis and preparation of expert reports and supplemental reports with respect to the delay events that were in dispute for mediation purposes, leading on to arbitration proceedings which involved various meetings with opposing expert. Custard Factory Re-development Birmingham: Prepared an independent expert report with respect to EOT for the employer on a project in dispute, and in adjudication, the report highlighted some interesting concurrency issues. Residential Development Swindon: Reviewed the contractor s options with respect to the development of time claims for EOT and prolongation, delay and disruption on a development in severe difficulties with lengthy delays. Central Market Redevelopment in Abu Dhabi: Reviewed, analysed, prepared the rebuttal and defence of an EOT submission from the groundwork, basement, piling and early works package contractor on a major project in the centre of Abu Dhabi. This involved meetings with opposing consultants to settle the dispute amicably. Commercial Office Block in the UAE: Preparation of an EOT claim and risk assessment for a Korean JV with respect to delays suffered due to specific employer events on the construction of two office tower blocks in Dubai. Leisure Resort Development Morocco: Reviewed, analysed and provided advice with regards to an infrastructure delay claim with respect to termination options, recommendations on the way forward, incl assessing project risks. Broadcasting House Ph 1 & 2 London: Provide programming expert advice, re contractors EOT delay claims, for the client, a major TV broadcasting corporation, with respect to the refurbishment and development in central London. Beetham Tower/Radisson Hotel Birmingham: Assessment of a contractors EOT claim in adjudication for the client, a developer specialising in high-rise buildings; counter argued the events, by identifying the real causes of delay. Berkeley Hotel London UK; programme review and assessment of the planned extensions and alterations, the complex phasing of the works, and the risks with carrying out the works whilst maintaining an operational hotel. Old Military Hospital/Housing Gibraltar: Appointed by the client as programming expert the conversion of an old military hospital into housing in Gibraltar, defending a claim for EOT with costs from the contractor. After forensic analysis, it was evident that the contractor failed to progress many critical areas of the works without explanation. Beetham Tower/Hilton Hotel Manchester: Performed an assessment of the contractors EOT claim for the client, a developer specialising in high-rise buildings, counter-argued the events by identifying the real causes of delay. Hong Kong Airport Regal Hotel: Appointed as programming expert on a new airport hotel development in Hong Kong and prepared an EOT claim related to major design changes to upper floors due to altered flight path criteria, affecting the building height, reducing guest rooms, the analysis of consequential delay showed cause and effect. Housing Society Development Hong Kong: Commissioned by the client as programme expert for a piling claim on a multi-storey building. Reviewed and assessed the main contractors claim, produced an independent expert report of my findings and opinion, and exchanged with opposing expert. London Hotel Refurbishment: Appointed programme expert witness by the contractor re EOT delay claim. Produced an expert witness report for exchange, met opposing expert, formed a joint report, attended the arbitration hearing. Levita House Camden Borough: Retained as programme expert witness by the borough council for an EOT delay claim from the main contractor on a housing project. Produced an expert witness report for exchange, met with the opposing expert and formed a joint report. The matter settled on day one of the arbitration hearing. Hammersmith School Refurbishment: Appointed as programme expert witness to assess and produce an expert report, the contractor s claim was with respect an isolated event, providing EOT but no money, hence the dispute. New British Embassy Moscow, Russia: Reviewed the progress of the works and analysed the delay and prepared an EOT report recommendation for the PM in the construction of the highly secure central core part of the Embassy.
DC Leisure Centre Wednesfield: Required to assist the contractor to prepare and produce an EOT delay claim which involved the detailed analysis of the resources and the comprehensive linking of the events to the causes of delay. Imperial Wharf Development Fulham London UK: Appointed programming expert witness to assess and produce an expert witness report, for exchange after thorough testing of analysis and opinion was carried out by counsel. Stelux High-Rise Building Hong Kong: Assisted the programme expert in the review and analysis of the contractors claim, produced advice and feedback with respect to the success of the claim and what the expert could adopt. Belfry Golf and Leisure Complex: Provided planning guidance in the development of the Belfry for the Ryder Cup. Egger Factory Scotland: Appointed as programme expert witness by the client to assess the contractor s claim and produce an expert witness report, including many meetings with counsel and lawyers to understand the issues. E-Innovation Centre Wolverhampton: Provide programme analyst services to assist the main contractor to prepare an EOT delay claim with respect to issues re the very complex structure and cladding, making watertight difficult. Sunlife Insurance New HQ Bristol: Appointed as programme expert witness by the contractor, produced an expert witness report, requiring key factual witness statements, due to the lack of contemporaneous site records. Shopping Mall and Condo in Jakarta: Provided programme services to review a Korean contractor s claim with respect to a basement construction that had collapsed due to heavy rainfall damaging the completed driven piles. Courtaulds Factory Grimsby: Provide programme delay analyst services to the M&E sub-contractor to prepare an EOT delay claim with respect to the many issues encountered on the project, especially the top secret processes. Oulton Hall De-Vere Hotel Refurbishment: Provided programme services to monitor the main contractor; reviewed the monthly progress reports, notices of delay, interim claims, revised programmes, mitigation measures, etc. Hong Kong Airport Baggage Handling: Assisted the UK based supplier and installer of the baggage handling equipment for the Hong Kong Airport, to prepare an EOT delay claim for a delay due to lack of design and late information and other relevant events affecting procurement manufacture, fabrication and delivery. British Library Elect Works London: Provided programme delay analyst services to the M&E sub-contractor and so prepare an EOT delay claim with respect to the many issues encountered on the project, especially interfaces. DHSS HQ Development Leeds: Appointed as programme expert witness by the client to assess the contractor s claims, produced an expert witness report, analysis revealed many design issues due to technical IT requirements. John Lewis Store Refurbishment Glasgow: Provided programme analysis services to the client to review and assess the contractors delay and acceleration claim, and the large actual resource totals compared to the planned. Satchwell Controls Coventry: Provided programme delay analyst services to the specialist sub-contractor who was expected to carry out the works in a much reduced period than was planned and had contracted to perform. Professional Development Mr. Holloway has maintained his CPD continued professional development over the years, and in many ways via CEM CPD study packs; attendance of courses by the Academy of Experts, Master-Class in the Analysis of Delay, the SCL Great Delay Analysis Debate; seminars, talks and presentations by the CIOB, RICS, TUCSS, SCL, CIARB, EIC, APM, HKIS, etc.; Lawyer and Barrister briefings and conferences; site visits, reading topical papers and books, etc. Mr. Holloway has written and presented seminars and talks (some CPD accredited), to lawyers, construction professionals, and the likes, in the UK, UAE, Hong Kong and China on the principles of programming and the analysis of delay on construction projects in dispute re time related issues, illustrated with examples of his work. Mr. Holloway has also provided hands on training in planning software applications and written and presented training courses tailored to suit the needs of the client on the practical approach to planning and programming, and for many contractors. Also he was involved in the running of the ASTA planning software user group in the UK. Mr. Holloway is active in the CIOB, the SCL and the Lighthouse Club, and has been in different locations across Asia Pacific and the Middle East. He participates in the committees, encourages membership (individual and corporate), promotes the organisations, attends and supports the events.
In 2002, Mr. Holloway made in-depth contributions to the SCL Protocol for determining EOT and compensation for delay and disruption via the SCL protocol forum bulletin board, and has followed progress 10 years on and beyond. Mr. Holloway has both produced and contributed to several articles and papers on his specialised topic, one of which was entitled Analysing Delay on Construction Projects and was a review paper based on current debate (at the time) and practical issues, which he co-authored in Hong Kong in January 2004. Other published titles include; Analysis of Delay, Wait and See for EOT, Baseline Planned Programme Faults, Appropriateness of Programmes, Two Expert Roles Expert Advisor and Expert Witness, Typical Day in the Life of a Project, Programming Issues, etc.