Richard Hamilton Morris
DipArb FCIArb MAPM ACIOB

Professional Experience

2008 – Date: Head of Expert Services; Systech International

Key Strengths:

o   Over 40 years’ experience in the construction industry working for contractors and subcontractors, the last 30 years being in construction disputes consulting.

o   Acting as Expert Witness, specialising in time/programme matters as well as expertise in quantum; with testimony experience in Court and Hearings in the UK and internationally.

o   Acting as Arbitrator, Adjudicator, Mediator and Dispute Board Member specialising in commercial and contractual services in connection with construction and engineering projects both in the United Kingdom and internationally.

o   Preparation and negotiation of claims, counterclaims and defence against submitted claims.

o   Professional and technical support in litigation, arbitration, adjudication and mediation proceedings.

o   Assistance with ‘due diligence’ investigations in mergers and acquisitions.

o   Trainer and seminar speaker and visiting University lecturer internationally on related subjects.

o   Experience of disputes and non-contentious issues on projects procured under most forms of contract including FIDIC, GC/Works, ICE, JCT and NEC.

Languages:

English; limited French and Spanish

Employment History:

2008 – Present
Systech International

1993 – 2008
Morris Associates Ltd

1991 – 1993
Trett Consulting

1988 – 1991
J A Elliott Ltd

1987 – 1988
Bovis Construction

1980 – 1987
Drake & Scull Engineering Ltd

Experience:

Transportation

  • Rail; Expert Witness; Delay Analysis: Appointed as Expert Witness on programme matters in a potential arbitration concerning a Light Rail Transit system in the USA for the signalling contractor.
  • Rail; Expert Witness; Delay Analysis: Testimony Experience as Expert Witness on programme matters in a dispute concerning a Light Rail Transit system in Canada for the signalling contractor.
  • Rail; Expert Witness; Delay Analysis: Testimony Experience as Expert Witness on programme matters in an arbitration concerning an underground Transit system in Sweden for the signalling contractor.
  • Rail; Claims Review: Advised a major contractor as to strategy to recover anticipated losses on a major new underground mass transit scheme in the UK.
  • Rail; Claims Management: Advised a railway signalling contractor as to the strengths and weaknesses of its submitted extension of time claims.
  • Highways; Expert Witness; Delay Analysis: Testimony Experience as Expert Witness on programme matters in an international ICC arbitration concerning the termination of a roadbuilding contract in Bulgaria.
  • Rail; Claims Management: Provided initial strategic advice on programme, contract and quantum in relation to a 227km railway upgrade project in the UK.
  • Rail; Claims Management: Providing strategic advice and direction to the claims team preparing a disruption and acceleration claim on a railway upgrade project (the provision of a third rail track where existing OCS and drainage systems were in place).
  • Rail; Dispute Resolution; Arbitration: Lead Expert and strategist on the preparation of pleadings in a major ICC International Arbitration on a railway infrastructure upgrade project with a contract value of €815M in Istanbul. The contract was the FIDIC “Silver Book” (Conditions of Contract for EPC (Engineering, Procurement, Construction) / Turnkey Projects). Following substantial delays the project was terminated and Systech was appointed by lawyers for one of the consortium partners to produce the final account and claims in preparation for Arbitration.
  • Rail; Claims Management: Provided expert advice and strategy for a dispute concerning a major upgrade of Kings Cross station in London: a complex project involving the refurbishment of a major rail terminus whilst remaining fully operational. The project utilises solar and other technologies not usually associated with a UK rail terminal.  Advice and strategy was given concerning the complex claim involving numerous sectional completion dates and the forensic analysis of a programme with circa 7000 activities.
  • Rail; Claims Management: Oversaw the preparation of a delay and disruption claim for a major contractor on a light railway/tramway project in Edinburgh, including the provision of strategic advice.
  • Highways; Claims Management: Led a large team preparing delay and loss and expense claims on a €100M highway and tram interface project in Ireland for the joint venture contractors.
  • Rail; Planning and Scheduling; Delay Analysis: Appointed by a major International engineering company to prepare a time impact analysis on an underground railway upgrade project.
  • Highways; Claims Management: Prepared an extension of time and loss and expense claim for an Italian contractor on a highway contract in Bulgaria.
  • Highways; Dispute Resolution; Adjudication: Proposed as member of a three-man DAB/adjudicator panel for a three year bridge and road building project in Bangladesh.

Industrial and Process

  • Planning and Scheduling; Delay Analysis: Prepared a delay analysis on a major steel beam rolling mill in the UK with particular reference to the software interface within the process works.

Energy

  • Power Generation; Dispute Resolution; Testifying Expert; Delay Analysis: Testimony Experience as Expert in DAB Hearings on a new-build coal-powered power station in South Africa being constructed under a FIDIC contract.
  • Power Generation; Dispute Resolution; Independent Expert; Delay Analysis: Appointed to provide an Independent Expert Report on delays to a windfarm project in Scotland being constructed under a FIDIC contract.
  • Nuclear; New-Build; Contracts Advisory: Advising a European JV on all contractual matters and risk allocation on a major nuclear project to be carried out under an NEC3 Option A contract.
  • Power Generation; Dispute Resolution: Appointed to provide strategic advice and oversee claim production on a new-build waste to power generation project in the UK.
  • Power Generation; Adjudication and Arbitration; Expert Witness; Delay Analysis: Appointed as Expert to review a submitted delay analysis to support an adjudication referral prior to a second arbitration on a new-build waste to power generation project in the UK. The dispute settled prior to a hearing.
  • Power Generation; Arbitration; Expert Witness; Quantum: Testimony Experience as Expert on M&E services quantum on a new-build power generation project in UAE for an international ICC arbitration in New York.
  • Power Generation; Arbitration; Expert Witness; Quantum: Appointed as Expert on M&E services quantum on a new-build power generation project in the UK for an arbitration. The proceedings were settled following service of Reports.
  • Nuclear; New-Build; Contracts Advisory: Negotiating the terms of a Mechanical Services NEC3 Option C contract on a new build major nuclear project including negotiating the terms of the various joint venture agreements.
  • Nuclear; New-Build; Contracts Advisory: Negotiating the terms of an NEC3 professional services contract for a European JV on a new-build nuclear project.
  • Nuclear; New-Build; Contracts Advisory: Advising a European JV on all contractual matters and risk allocation on a major nuclear project to be carried out under an NEC3 design and construct contract.
  • Nuclear; New-Build; Dispute Resolution; Adjudication: Appointed to co-ordinate and lead the claims team on a nuclear waste treatment plant and draft pleadings as required both on quantum and time.
  • Nuclear; New-Build; Claims Management: Appointed to co-ordinate and lead the claims team on a nuclear waste treatment plant and draft claims and pleadings as required both on quantum and time.
  • Power Generation; New-Build: Gave advice as to likely changes in legislation as part of the bid process.

M&E Services

  • Mechanical and Electrical; Adjudication; Expert Witness: Appointed as Delay Expert by the Main Contractor defending adjudication proceedings on a large residential apartment scheme in the UK. The Decision was a very successful outcome for the Main Contractor.
  • Mechanical and Electrical; Dispute Resolution; Adjudication: led a team preparing adjudication pleadings for a payment and final account dispute.
  • Mechanical and Electrical; Dispute Resolution; Adjudication: led a team preparing a Time Impact Analysis-based defence against levied damages on a heavily serviced data centre for a financial services provider.
  • Dispute Resolution; Adjudication: Led a team supporting the delay and quantum experts in adjudication proceedings with a significant claim and counterclaim concerning an M&E sub-contractor’s time and cost impact on the main contractor’s one year overrun on a mixed use development in London.
  • Dispute Resolution; General: Led a team dealing with a £7M claim and £11M counterclaim concerning an M&E sub-contractor’s final account and delay/loss and expense claim on a flagship mixed use development in Central London.
  • Dispute Resolution; Adjudication: Appointed by a national construction firm to provide pre-dispute advice concerning the variation account, extension of time claim, loss and expense claim, contra-account and damages deductions as well as overseeing the progress and completion of a £12 Million mechanical & electrical services sub-contract on a design and build feature office and retail development in central London. Produced Expert reports and assisted with adjudication proceedings between the employer and main contractor.

Construction

  • Building; Leisure; Dispute Resolution; Adjudication; Expert Witness: appointed as Quantum Expert to consider the submitted loss and expense claim comprising solely overheads and profit submitted to adjudication by a joinery Subcontractor on a hotel project.
  • Building; New-Build Office Development; Adjudication: appointed to provide advice for the Main Contractor on a JCT2011 D&B new-build office development in relation to delay and disruption claims from a cladding Subcontractor.
  • Building; New-Build Office Development; PI Claim; Expert Witness: appointed as Delay Expert for the Main Contractor on a JCT2011 D&B new-build office development in relation to additional strengthening and reworking due to defective structural steelwork design.
  • Building; New-Build Office Development; Dispute Avoidance: appointed to provide a ‘health check’ for the Main Contractor on a £170M JCT 2011 D&B new-build office development for a motor manufacturer, halfway through the construction period.
  • Civil Engineering; Dredging and Construction; Dispute Resolution; Expert Witness: appointed as Delay Expert to consider the submitted Time Impact Analyses on a land reclamation and container terminal construction project in Costa Rica in preparation for a dispute board hearing.
  • Civil Engineering; Major Earthworks; Dispute Resolution; Expert Witness: appointed as Quantum Expert to consider a prepared financial claim on a contract for seismic remediation of a dam embankment in the USA in preparation for dispute resolution proceedings. Testimony experience in an ENE hearing including “hot-tubbing”.
  • Civil Engineering; Major Earthworks; Dispute Resolution; Arbitration; Expert Witness: Testimony Experience as Delay Expert on the progress and delay entitlements on a terminated contract for the construction of a dry polder in Poland in an Arbitration.
  • Building; Housing; Dispute Resolution; Adjudication; Expert Witness: prepared an Expert Report on delays for the Main Contractor in an adjudication from a subcontractor seeking an extension of time.
  • Building; Housing; Dispute Resolution; Adjudication: representing the Main Contractor in an adjudication from a subcontractor seeking an extension of time.
  • Building; Housing; Claims Management: providing advice to the Main Contractor concerning delays and potential subcontractor disputes.
  • Building; Schools; Dispute Resolution; Adjudication: providing advice to the Main Contractor in multiple disputes concerning a repudiatory breach by one subcontractor and delays caused by a second subcontractor.
  • Building; Leisure; Expert Witness; Arbitration (West Africa): Appointed by the Respondent as Expert Witness on delay for a dispute relating to the refurbishment of a war-damaged hotel. The Claimant settled the matter three weeks prior to the Hearing upon service of the Expert Report.
  • Building; Dispute Resolution; Adjudication: managing and drafting the Referral ready for adjudication proceedings on a hospital operating theatre upgrade project being carried out under the ProCure 21+ form of contract (NEC3-based).
  • Specialist Subcontractor; Adjudication: represented the Responding Party in two adjudications started by the structural steelwork and cladding sub-contractor in relation to a wind turbine powering TV studios.
  • Building; Dispute Resolution; General: Advised a civil engineering and groundworks contractor in relation to time and money claims on two separate multi-storey projects in the UK.
  • Building; Healthcare; Expert Witness: Appointed as Expert on programme matters by an NHS Trust in relation to a time claim on a hospital reconstruction project. Assisted with a mediation between the parties which led to a negotiated settlement.
  • Building; Dispute Resolution; General: Prepared advice to a developer upon a submitted extension of time claim on a luxury development, together with strategic advice as to potential adjudication proceedings.
  • Retail; Refurbishment; Planning and Scheduling; Delay Analysis: Prepared an extension of time claim for a Contractor on a major city-centre retail premises refurbishment in NW England.
  • Building; Claims Management: Provided advice to the Contractor as to the validity and contractual basis for claims on a large housing project in Ireland.
  • Expert Witness; (Middle East): Appointed as Expert Witness on delay for a dispute concerning a 40 storey waterfront residential development in Dubai.
  • Expert Witness: Prepared an expert report in relation to rebuttal of a delay claim on a new build office and workshop development in adjudication proceedings. Gave evidence to the tribunal.
  • Dispute Resolution; Adjudication: Led a team preparing for adjudication proceedings concerning a major final account for housing stock regeneration and acted as party representative at hearings.
  • Dispute Resolution; Adjudication: Led a team in a series of adjudication proceedings against a local authority on a new build and refurbishment school project.
  • Expert Witness; Higher Education: Prepared an expert report in relation to rebuttal of a delay claim on a new build student accommodation project.
  • Dispute Resolution; General: Led a team and oversaw the preparation of a time impact analysis to support a loss and expense claim on a mixed-use residential/office/retail town centre redevelopment in Berkshire.
  • Expert Witness: Appointed as Expert Witness on programme matters in a litigation concerning remedial works leading to a one year delay on a new-build office development in Bristol.
  • Dispute Resolution; General: Led a team dealing with extension of time issues for a contractor where a design and build office and residential project in Birmingham was overrunning by 18 months, including two adjudications to recover liquidated damages from the contractor.
  • Dispute Resolution; Arbitration; Airport: Prepared the programme aspects of an extensive preliminary report for arbitration on a major tunnelling and civil engineering airport project in Hong Kong for the Employer.
  • Dispute Resolution; General: Prepared a loss and expense claim following three sets of adjudication proceedings on a high class residential development in London for the fit-out contractor.
  • Dispute Resolution; General: Appointed by a large regional contractor to give advice on dealing with potential overlapping and concurrent delays on the same project involving interlinked trade sub-contractors.
  • Expert Witness; Litigation: Appointed as expert witness to provide programme advice in relation to a litigation matter concerning a hotel development. Gave testimony in Court in the proceedings.
  • Expert Witness: Appointed as expert witness to provide programme advice in relation to an arbitration concerning a major town centre supermarket and highways project.
  • Dispute Resolution; General; Healthcare: Provided independent advice to a National Health Service Trust in relation to potential adjudication proceedings from a main contractor for a new-build ward block.
  • Expert Witness: Appointed as expert witness on programme matters for arbitration in relation to infrastructure project in the Falkland Islands and gave testimony to the tribunal.
  • Expert Witness: Appointed as the expert witness on programme matters for arbitration in relation to a structural steelwork sub-contract.
  • Dispute Resolution; Adjudication: Provided a series of independent reports in relation to multiple adjudication referrals to the contractor as to the extension of time entitlements of a major concrete structure subcontractor.
  • Expert Witness: Acted as expert witness on programme matters for a developer in arbitration on a civil engineering project being carried out under an ICE 6th edition contract.

Utilities

  • Civil Engineering; Major Earthworks; Dispute Resolution; Expert Witness; Quantum and Delay: appointed as lead Expert Witness to prepare a Report covering both Quantum and Delay on a contract for a tunnelled water main in Canada using a combination of open excavation, jack and bore and TBM tunnelling techniques for Court proceedings and in a mediation, following which the matter settled.
  • Dispute Resolution; General: Provided strategy and ongoing advice for a JV carrying out major civil engineering works on a sewage treatment installation new build and upgrade project.
  • Dispute Resolution; Adjudication: Carried out a review and prepared a strategic report as to potential adjudication proceedings for a JV carrying out major civil engineering works on a water distribution upgrade.

Business Turnaround

  • Debt Recovery: Acted on behalf of the Administrators of a temporary works and staging contractor to realise outstanding debts on UK and International projects, including setting strategy for disputed works (including mediation).

Experience as Speaker

  • Project Health Check (4)
  • Changes to the Construction Act
  • Have you noticed the weather?
  • Construction Law Reviews – 2010-2016
  • Insolvency – What do I do?
  • City Inn -v- Shepherd Construction
  • UK Bribery Act
  • Overhead Recovery
  • Project Acceleration
  • Claims Animation
  • Legal Update – Adjudication
  • Enforcement of Adjudicators’ Decisions
  • Adjudication as Respondent
  • Adjudication as Claimant
  • NEC3: dispute resolution
  • NEC3: time
  • NEC3: compensation events
  • NEC3: payment and disallowed costs
  • Payment and Adjudication
  • NEC3 Change Management
  • Walter Lilly –v- Mackay
  • Subcontractor procurement, management and dispute resolution
  • NEC4
  • Dispute Boards
  • Claims Quantification
  • Adjudication by Insolvent Contractors

Training Courses Delivered (External)

  • Major roll-out of two new bespoke Sub-Contracts over three months, fifty sessions and five group companies
  • Construction and Forensic Planning
  • Claims and Disputes
  • Claims Animation
  • Construction Act Changes
  • NEC3
  • FIDIC (UK, South Africa and Canada)
  • ICE
  • University of Vienna International Construction Law LL.M.
  • Contractual and Commercial Awareness
  • Project-Specific NEC3 Project Workshops
  • NEC3 and JCT2011 D&B Sub-Contract two-day training courses for a European Contractor
  • Seoul National University’s Engineering Development Research Centre – Delay Analysis and Pricing Change

Additional Professional Activities

  • Member of the Board of Trustees of the Chartered Institute of Arbitrators
  • Past Chairman of the East Anglia Branch of the Chartered Institute of Arbitrators
  • Former Member of the Arbitration Committee of the Chartered Institute of Arbitrators
  • Former Member of the East of England Branch Committee of the Association for Project Management
  • Assisted the Department of Trade and Industry during the consultation phase of the drafting of the Arbitration Act 1996
  • Former Member of the British Chambers of Commerce Company Law Consultative Committee
  • Committee member and co-founder of adjudication.co.uk
  • Member of the Society of Construction Law

Additional Personal Activities

  • Former High School Governor (2004-2008)
  • Norfolk Youth Football Combination Youth Football Coach (and qualified FA Coach)
  • Photography
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