Kevin Duncan

Integrate with the existing Engineer’s Civil Engineering Team specifically managing the historical and on-going contractual issues in conjunction with the package Contract Managers and Commercial Managers.

Contract Responsibilities include reviewing Contractor delay event submissions and requests for additional payment and then prepare Sub-Clause 20.1 response to the principles of the Contractor’s Claim, approving or disapproving and requesting additional particulars where appropriate; carry out detailed assessment of Contractor ‘proven’ time related costs, splitting into core and sectional, for the purposes of evaluating quantum of additional payment where extension of time is applicable; provide high level delay analysis where delay event has alleged time impact; draft letters to the Contractor on related contractual issues including recovery of head office overheads, process for allocating Contractor P&G costs, de-scoping of the Contract Works and assessment of concurrent delays; maintain Claim Event Registers and monitor progress through to claim determination; attend FIDIC prescribed Sub-Clause 3.5 Consultation Meetings between Employer and Contractor and provide input as and when required; prepare Sub-Clause 3.5 Determination Reports where claim agreement could not be reached between Employer and Contractor; mentor Engineer’s staff and advise package team members on contractual and commercially related issues.

Advise the Project Team on all aspects and interpretation of the various contract documents; raise contractual notices and other relevant correspondence to the Client, Sub-Contractors and vendors; raise sub-contract agreements and assist with commercially related issues; manage the variation / change account and negotiate final value with the Client; prepare and submit Interim and Detailed Particulars for time extension claim and assist in negotiating final settlement; liaise with the Client to discuss sensitive issues relating to changes and claims; manage and coordinate with specialist vendors for the Noise Modelling Study and the Sulphur Dust Sampling Study; manage the Aeration Diffuser System replacement coordinating between EPC contractor, specialist vendor and local installation sub-contractor;
prepare and present a PowerPoint presentation entitled ‘Management of Contractual Claims at Project Level’ to 200no members of staff at Home Office, Power & Environmental Division, Seoul, Korea.

A. Al Furjan Infrastructure and Roads Phase 1 (Residential)
Contract Value - AED1.0 Billion
Client - Nakheel PJSC

Prepare, submit and periodically update Interim Detailed Particular submissions for Extension of Time:
a) Fire Fighting Network - Delay due to changes in specified requirements and subsequent system re-design.
b) 11kV Network, LV Network and Street Lighting Network - Delay due to late issue of Design No Objection Certificates (NOC).
c) Potable Water Booster Pumping Station - Delay due to late issue of Design No Objection Certificate (NOC).
d) Suspension of the Works - Failure of the Employer to pay amount certified.
e) Streetscape Works - Delay due to changes to specified requirements and significant increase in scope of work.

Establish system for monitoring submission of event notices and detailed particulars required under modified FIDIC Fourth Edition 1987.

Establish new system for the electronic logging and retrieval of scanned documents in the form of Incoming and Outgoing Correspondence Databases primarily to assist in the preparation of claim narratives but also for general site use. The new system was implemented across all divisions of Khansaheb.

Manage a team of 5no Senior QS’s, 2no QS’s and 6no Assistant QS’s.

B. Jumeirah Village South Infrastructure Project (Residential)
Contract Value - AED76.0 Million
Client - Ghantoot GTCC

Prepare Loss and Expense claim approximate value AED50 Million including claim narrative, forensic analysis of site records for examples to demonstrate delay and / or disruption and financial evaluation of loss and expense associated with prolongation, disruption, escalation, acceleration and suspension.

Prepare backup information to substantiate the quantum of the claim using Monthly Accounts Reports and invoices annotated and enhanced for presentation using MS Powerpoint.

Liaise with the Main Contractor to brief him on the content of the claim and provide additional information when requested to assist in the settlement process.

C. Dubai World Trade Centre New Exhibition Hall Project (Mixed Use)
Contract Value - AED195.0 Million
Client - Dubai World Trade Centre

Prepare Extension of Time and Loss and Expense Claim approximate value AED20 Million including claim narrative, forensic analysis of site records for examples to demonstrate delay and / or disruption, compilation of delay events programme to demonstrate prolongation, prepare labour histograms and productivity ‘S’ Curve charts etc., of Planned v Actual scenarios and financial evaluation of loss and expense associated with prolongation, disruption, acceleration and suspension.

Prepare backup information to substantiate claim using Monthly Accounts Reports and invoices annotated and enhanced for presentation using MS Powerpoint.

Liaise with the Consulting Engineers / Employer to brief them on the content of the claim and provide additional information when requested to assist in the settlement process.

D. General Commercial Responsibilities

General commercial management including liaising with the Employer / Engineer at Commercial Meetings to discuss outstanding and contentious commercial issues such as monthly valuation adjustments, new rate submissions and claim related issues and monitor progress towards agreement and sign off.

Design and implement electronic daily site diary, detailed electronic weekly productivity report and electronic daily plant usage report all being trialed at Al Furjan. Create comprehensive database of company plant and light tools and introduce new plant cost codes for use in the above reports.

Assess / analyse existing project commercial procedures with a view to implementing an integrated ERP system.

Oversee commercial management of all infrastructure projects whilst retaining the general commercial function on Bahrain Business Bay and Bahrain Financial Harbour through to project completion.

Bahrain Financial Harbour - BHD25.0m
Lulu Island - BHD30.0m
Bahrain Business Bay - BHD30.0m

Achievement: Jointly responsible for standardizing and then implementing new commercial reporting procedures including revised Cost Value Reports and Weekly Productivity Reports to identify problem areas on projects at the earliest opportunity and implement corrective measures where appropriate.

Bahrain Business Bay scope of work included 3no bridge structures, 40km of road construction and the installation of District Cooling, Water Reticulation, Sewer Reticulation, Storm Drainage, Irrigation Network, HV & LV Cables and Street Lighting.

General commercial function included preparing budgets, forecasts and cash flows, placing subcontract orders, subcontract administration, agree Provisional Sum work value with the Employer, agree final wording of Direct Agreements / Collateral Warranties and Novation of Piling subcontract.

Implement Early Warning System and issue relevant delay notices and interim particulars when required.

Bahrain Financial Harbour Infrastructure Project - BHD25.0 Million

4No Post Tensioned Bridge Structures, installation of services including District Cooling Network, Water Reticulation, Sewer Reticulation, Storm Water Drains, Irrigation Reticulation, HV & LV Cables, Street Lighting, Earthworks and Road Construction.

Overall commercial management of the project including agreeing monthly certificates, complete re-rating of the complex District Cooling Network due to significant changes in design (achievement), internal financial reporting including weekly cost reports and monthly cost / value reconciliation’s, subcontract administration, preparing and submitting contractual correspondence / notices and preparation and agreement of contractual claims and acceleration claim.

Project work included installation of 132kV and 66kV cables that required trench excavations, laying duct and tile protection, backfilling and reinstating trench, pulling cable, terminating cable ends through joints or sealing ends and fitting jointing accessories including link boxes and surge arrestors. Occasionally road crossings would require a directional drill to avoid unnecessary disruption to traffic.

Responsibilities included preparing and agreeing annual budget, preparing and updating monthly and quarterly forecast of turnover and margin, establish cash flow monitor and monthly cash flow forecasts, preparation of monthly accounts for all projects, place subcontract orders to a maximum of £1 million, oversee subcontract administration, submit contractual notices, prepare and agree extension of time and additional cost claims, establish electronic system for measuring progress on site and for cost control purposes, preparation of monthly Key Performance Indicators (KPI’s) for customers and internal KPI’s or Balanced Scorecard, prepare cost information for insurance claims and submit to Head Office for processing, review terms and conditions for new tenders and prepare Commercial Commentary summarising where clarifications or amendments to contract are required.

Achievement: Involved in the transition to new accounts software, ERP / Oracle. Assisted in system design and latterly participated in User Acceptance Testing for customized Project Billing and Project Costing modules. Appointed Lead Trainer for the Project Billing module which required the compilation of a training manual and the training of 60No staff throughout the UK.

CC402 - Nam Cheong Railway Interchange Station for KCR / MTRC

Work comprised Substructure / Superstructure reinforced concrete, External road works, services, landscaping, Mechanical and Electrical installation, architectural and builders works finishes and co-ordination with third party Project Contractor’s - value: £250.0 million

Duties included identifying changes to the contract drawings and raising appropriate notice of variation and / or delay. Submit interim / detailed particulars as appropriate. Establish a Schedule of Rates specific to Architectural and Builders Work for coring through structure walls and filling in redundant voids at varying height levels brough about by numerous design changes.

Almaty to Astana Road Rehabilitation Project - Section Gulshad to Akchatau - 200km’s.

Work comprised replacement of earthworks and sub base, replacement of crushed stone base and asphalt, construct 130no new pre-cast concrete pipe culverts, repair 3no existing bridge structures - value: US$42.0 million

This was the first road project in Kazakstan that was internationally financed (Asian Development Bank), using international Conditions of Contract (FIDIC), with international contractors and international consulting engineers. The Contract was carried out in a remote location under extreme climatic conditions.

I was only one of three British expats amongst mainly Turkish expats. I was responsible for the day to day commercial function.

Kintampo-Tamale-Makongo Road Project comprising 200km of rural asphalted roads, 140km of rural spray and chip roads, 55km of urban asphalted roads, drainage and services - annual turnover £20.0 million.

I performed the general day to day commercial function.