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Greenhalgh Associates

GAAL Limited

Redwood Farm,

Hussell Lane,

Medstead, Hampshire, GU34 5PD, England

tel: +44 (0)1420 561460

fax: +44 (0)1420 561466

email: jg@gaal.co.uk

Expert Witness (Quantum)

Profile of John M. Greenhalgh BSc, MRICS, MAE

Chartered Quantity Surveyor

Professional Membership / Qualifications

2004: Member of FIDIC Contracts Committee Tasks Group 2

2004: Committee member of Central Dredging Association (British Section)

1992: Member of Academy of Experts

1983: Member of Royal Institution of Chartered Surveyors

1980: BSc. Quantity Surveying

Career

2007 to date: Director of GAAL Limited

1990 to date: Director of Greenhalgh Associates (Alton) Limited

1987 to 1990: Director of R. Bowyer & Associates

1980 to 1986: Quantity Surveyor working for contractors on major civil engineering projects

1978 to 1979: Quantity Surveyor (private practice)

Experience

Chartered Quantity Surveyor with 25 years experience.

bulletSpecialising in the use of analytical techniques to identify and quantify the contractual entitlements to time and money that result from events such as changes, variations, delay, disruption and prolongation.
bulletParticular experience of the contract conditions, risk profiles and payment terms used for international civil, marine, dredging, reclamation and offshore projects.
bulletFormally appointed as quantum expert witness on numerous occasions.
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Experience of preparation of individual and joint expert reports and of giving oral testimony at hearings and mediations.

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A pioneer of the use of multimedia technology to communicate facts and present complex issues.

Expert Witness (Quantum) Appointments

Arbitration

2007 - 2005

Dublin Bay Submarine Pipeline – Ireland

Expert opinion, analysis and report on the quantum of claims and remedial works including:

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Expert Reports, and

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Joint Statements with Claimants quantum expert

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Attendance at procedural hearings.

The case settled shortly after issue of Experts Report on the Quantum of Overheads.

Litigation

2006 & 2005

Quay wall strengthening and dredging - UK

Associated British Ports v Hydro Soil Services NV and Hydro Soil Services NV and Dredging International (UK) Ltd  v  Haecon NV and Insurers (Part 20 Proceedings)

2005 - Expert opinion, analysis and report on the quantum of Clause 12 claims and remedial works including:

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Analysis of tender build up to determine rates

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Expert Report, and

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Joint Statement with Claimants and Defendants quantum expert.

Quantum issues were removed from the dispute shortly after issue of the Joint Statement.  

 

2006 - Expert opinion and investigation on the quantum of Part 20 claims relating to design and / or workmanship defects following Clause 12 judgement in 2005.

Litigation

2004 – 2003

Coastal Outfall – dredging and pipe protections works - UK

Expert opinion, analysis and report on the quantum of claims including:

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Valuation of a redesign had it been constructed in 1995,

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Cost of the original construction and subsequent remedial works,

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Effect of finance costs on claimed amounts,

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Preparation of an Expert Report, and

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Attendance and testimony at mediation.

The case settled shortly after issue of Experts Reports.

Arbitration

2003 - 2001

Special Steel Plant: Sadat City Egypt

Expert opinion, analysis and report on the quantum of substantial claims and counter claims relating to the procurement and construction of a special steel plant including:

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Analysis of contract conditions relating to the provision of supplies, spare parts and supervision,

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Analysis of material supplies and calculation of liability for damages for late delivery,

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Analysis of prolongation events and calculation of entitlement to payment for additional supplies and supervision, and

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Expert Report

The case settled shortly after issue of Experts Reports.

Litigation

2002 - 2001

 

Dredging and Reclamation works at Cardiff Bay Barrage (Insurance Claims)

Expert opinion, analysis and report on the quantum of insurance claims including:

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Analysis and opinion on validity claims,

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Investigation and analysis of tendered rates for dredging spreads,

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Opinion on actual rates and prices of dredging spreads,

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Opinion on quantum of claims,

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Expert Report, and

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Joint Statement with Plaintiffs quantum expert.

The case settled shortly after issue of Experts Reports.

Litigation

2000 - 1999

 

Dredging and Reclamation works at Cardiff Bay Barrage (Contract Claims)

Expert opinion, analysis and report on the quantum of contract claims including:

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Analysis of programme and actual progress and opinion on validity of delay and disruption claims,

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Analysis of records and visualisation of dredging works on a weekly basis,

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Opinion on quantum of claims, and

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Expert Report including a Joint Statement with Plaintiffs quantum expert.

The case settled shortly after issue of Quantum Experts Joint Statement.

Arbitration 1994 – 1993

Housing Estate Renovation: UK

Preparation of an Expert Report on the quantum of claims. Assist counsel in the preparation of a Statement of Agreed Facts. The case settled shortly after issue of Experts Reports.

Arbitration 1993 – 1992

Multi-storey development at Royal Free Hospital site: UK

Preparation of Expert Report on the quantum of claims. The case settled prior to hearing.

Arbitration 1989

Main Drainage Scheme: Wales

Preparation of Expert Report on the quantum of claims associated with construction of main drainage scheme including oral testimony at the hearing.

Advisor Appointments

1994 to present

Dredging, Reclamation & Offshore Projects: International

Contractual, commercial and quantum opinion and advice to an international dredging contractor including:

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commercial and contractual risks and opportunities,

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identification and quantification of claims for time and money,

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dispute / negotiation support and multimedia presentations,

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preparation of standard conditions of contract

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preparation of procedures for contracting and subcontracting

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contractual awareness training.

Adjudication / Claims

2007-2005

Dredging Works at Mill Bay – UK

Management of clause 12 ground conditions claim and preparation of documentation for adjudication including instruction of legal representatives and expert witnesses and preparation of documentation for adjudication.  

Claims

2006-2005

Flood Defence Works – UK

Management and negotiation of claims relating to defects due to organic contamination of imported clay materials under a NEC framework contract.  

Claims

2006 - 2004

Cork Airport Terminal - Ireland

Opinion, advice and quantification of contractual and commercial entitlements to additional time and payment including the preparation of substantiating documentation.

Arbitration

2005

Penny’s Bay – Hong Kong

Expert opinion, analysis and report on the quantum of claims relating to dredging and reclamation works.  

Claims

2005

Gas storage facility - UK

Preparation and quantification of contractual and commercial entitlements to additional time and payment due to weather delays.  

Adjudication

2004 – Present

Building Works - UK

Opinion, analysis and report on the quantum of a determination account.  

Arbitration 2003 - 2002

Dredging Works for Red Sea Port Authority: Egypt

Multimedia computer presentation for use by witnesses during hearing, showing animations of the intended and actual dredging progress and the effect on progress of claimed events.

ADR

2002

Civil Engineering Works: UK

Analysis of claims and preparation of computer presentation to facilitate a negotiated settlement.

Adjudication 2002

Building Works: UK

Assistance to the appointed expert including opinion on the quantum of claims.

Insurance Claim

2001 – 2000

Anatolian Motorway Project: Turkey

Advice and opinion on quantum of substantial claims for the total loss of a tunnel and a viaduct caused by the 1999 Earthquake in Turkey. Preparation of computer presentation to facilitate the negotiated settlement.

Adjudication 2001 – 2000

National Portrait Gallery: UK

Opinion and advice on validity and quantum of contractual claims in preparation for referral of disputes to adjudication.

Claims

2001– 1997

Piling Works at Boyne Bridge: Ireland

Opinion and advice on contractual and commercial risks and liabilities. Identification of entitlements to additional payment due to variations and delays. Preparation of substantiating documentation resulting in an amicable negotiated settlement.

ADR

2000

Aktio-Preveza Tunnel & Approaches: Greece

Advice and opinion on contractual claims and preparation of computer presentation to facilitate a negotiated settlement.

Litigation

2000

Claims under a Chartertime Agreement: Canada / UK

Advice and opinion on the quantum of claimed delays relating to a tow from Holland to Canada.

Claims

1999 – 1998

Shore Approach and Trenching at Dabhol Power Project: India

Preparation of a claim document including identification and substantiation of entitlements to additional payment due to variations and delays. Assist negotiation of an amicable settlement.

ADR Facilitation 1999

Jamuna Multipurpose Bridge River Training Works: Bangladesh

Advice and opinion on validity and quantum of substantial contractual claims relating to dredging and reclamation works. Preparation and presentation of a multimedia computer based presentation of the Contractor’s claims as part of a facilitation procedure to achieve a negotiated settlement. Advice, opinion and preparation of insurance claims.

Claims / ADR 1998 - 1997

Piling at Funchal Airport Extension Phase 2: Madeira

Advice and opinion on contract and commercial risks. Management of onsite quantity surveyor. Preparation of a claim document including identification and substantiation of entitlements to additional payment due to variations and delays. Preparation of computer presentation and assist in negotiation of an amicable settlement of the final account.

Contract Management

1998 - 1997

Butinge Oil Terminal / Pipeline: Lithuania

Opinion and advice on contractual and commercial risks and liabilities. Preparation and negotiation of contracts, subcontracts and JV Agreements. Establishment of site procedures to ensure payment of all monies due under the contract. Opinion and advice during settlement negotiations.

Claims / ADR 1997 - 1996

Piling at Funchal Airport Extension Phase 1: Madeira

Management of onsite quantity surveyor. Set up systems for record keeping and notifications. Preparation of a claim document including identification and substantiation of entitlements to additional payment due to variations and delays.

Claims / ADR 1996 – 1994

Hibernia Solid Ballasting Works: Canada

Opinion and advice on commercial and contractual risks and liabilities associated with tender submission. Assist contract & subcontract negotiations. Advice and opinion on liability for delays. Preparation and quantification of claims. Assist negotiation of an amicable settlement of contractual claims.

Claims

1996

Pollution Prevention Storm Tunnel (1km long 2.1m diameter): Wales

Opinion and advice on contractual and commercial risks and liabilities. Identification of entitlements to additional payment due to variations and delays. Preparation of substantiating documentation and computer presentation, which resulted in an amicable negotiated settlement.

Claims

1996 - 1995

Foul Sewer Tunnel and Deep Open Cut Drainage Scheme: UK

Advice on and preparation of contractual claims including assisting a negotiated settlement.

Claims

1995

Deep Open Cut Foul Scheme: UK

Advice on and preparation of contractual claims including assisting a negotiated settlement.

Claims

1995

North Lantau Expressway: Hong Kong

Opinion and advice on strategy and liability of the Contractor in respect of lack of consolidation of marine deposits and the occurrence of mud waves.

Claims

1994

Piling Works: UK

Preparation of statement of claim and expert advice on quantum of claim.

ADR

1994

Pergau Hydro Electric Project: Malaysia

Review of contractual claims and preparation of a multimedia computer presentation to facilitate a negotiated settlement.

Litigation

ADR

1994

Fire at Bansal Warehouse: UK

Preparation animated computer presentation for use by expert witnesses.

Litigation ADR

1993

Road to the Katse Dam: Lesotho

Preparation animated computer presentation of progress of construction for use by expert witnesses.

ADR

Arbitration

1993

Topdown substructure: UK

Advice and opinion on validity and quantum of claims and preparation of a multimedia computer presentation of claims to facilitate a negotiated settlement.

Litigation ADR

1992

Tunnel Works: Scotland

Advice and preparation of computer presentation of claim to facilitate a negotiated settlement.

Claims / ADR

1993 – 1992

F3 Gravity Base Structure: Netherlands

Review and identification of events causing delay and additional cost. Advice and opinion on the validity and quantum of possible claims. Draft claim document including management of claim team comprising of the clients engineering personnel. Liaison with Dutch lawyers. Preparation of a multimedia computer presentation to facilitate a negotiated settlement.

Arbitration

1989 - 1988

Drainage Works: UK

Assistant to advocate and quantum expert including preparation of pleadings and witness statements. Attendance for the duration of a 1 week hearing.

Arbitration

1988 - 1987

Sea Defence Works: UK

Preparation of contractor’s claims following forfeiture of contract by the Employer. Assistance to legal team and attendance for the duration of a 4 week hearing.

ã 2008