Associate
Ariya Management, Toronto, Canada
Total years of experience :31 years, 9 Months
Consulting, advising and lecturing in project and contract management to construction industry professionals. Advisor on subcontracting, planning, change management, claims and disputes management.
Advised senior management on prime contract, subcontracting, novation agreements, assignments, bonds, guarantees and insurances in compliance with contract, corporate policy and construction law. Exercised cautions and ensured non-adversarial contracting strategy in place to avoid disputes later. Liaised with Head Office on insurance and legal matters. Analysed relative strengths of parties in claims and disputes, and worked closely with senior management to take strategic decisions to strengthen positions. Prepared claims, and managed external claim consultants (Navigant and Driver Trett). Identified and assessed HSE compliance, project risks, delays and claims under contract and law.
Also, advised and guided project teams on contractual matters including entitlements, obligations and liabilities of the parties pertaining to prime contract and subcontract works. Implemented procedures for Request for Proposals (RFPs) and Change order management. Identified and managed risks, changes and back-charges and purchase orders. Led and ensured contract administrators, quantity surveyors and procurement officers accomplish the tasks assigned. Prepared as well as approve all contractual and legal letters including timely notices.
Projects: Stadium for Qatar Olympic Committee (Project value: QAR 1.5 Billions), EPIC Contract-Hamad International Airport JET A1 Fuel Supply Pipeline Project, for Qatar Petroleum (Project value: QAR 1.3 Billions), Lusail Commercial Boulevard (Underpass, Train Station for LRT, Road Works and Utilities) and EPC Contract-Water Mega Reservoirs, include Pipelines and Utilities (Two Projects each QAR 1.6 Billions) for Government of Qatar.
• Contracts and Claims Management
Identified potential risks of both commercial and contractual nature from the pre-contract documents, and developed mitigating strategies for consensus decision within the senior management team for onward client negotiation for the success of bids.
Scrutinized documents prior to agreement so as not to inherit risks or conflicts. Prepared and approved Joint Venture Agreements, Memorandum of Understanding and Settlement Agreements, with the aim of implementing non-adversarial contract strategy in achieving the company’s objectives. Authorized subcontract works through successful negotiations, and strategized levels of work packages with analytical skills. Prepared and approved Letters of Intents, Contract/ Subcontract Agreements, Supply Contracts, Warranties, Bonds, Guarantees and Indemnities. Advised project managers on contractual legal matters, and made recommendations through post-contract reviews to the company.
Developed and controlled the change management process in updating procedures and guidelines to ensure that the "lesson learned" feedback loop was adhered, especially with regards to risks avoidance strategies and mitigations, and monitored the administration of contracts decisively.
Ensured availability of relevant documents for forensic analysis in the claims preparation and submission. Evaluated claims, and ensured they were followed up through various stages in the company’s interests, in a coordinated approach. Controlled claims related documents, formal notifications, correspondences and claim summaries. Made constructive and consultative decisions appropriate to the project requirements. Managed Contract Administrators and Quantity Surveyors.
• Forms of Contracts and Disputes Resolutions
Experienced with Lump Sum, Re-measurable and T&M type contracts, under traditional and Design & Build procurement methods, with usage of forms of prime contracts and subcontracts of ‘Bespoke-types’ and International Standards mainly FIDIC Suite 1987 & 1999 Red and Yellow BOOKS. Knowledge of and exposure to Construction Law and Arbitration ACT1996.
Negotiated and followed up contractual entitlements, terminations and dispute settlements of complex nature progressively through negotiations. Provided alternative solutions to resolve disputes. Experienced in Court appointed Adjudications and cross-examining witnesses. Liaised with external legal counsel in arbitration and litigation for resolutions, in Dubai, Qatar and Bahrain.
• Client Base and Projects
Company’s client base included Dubai Civil Aviation Authority and major industry players in UAE, Kuwait, Bahrain, Qatar and Oman.
Projects: Dubai International Airport Expansion works, Muscat International Airport, Oman, Govt. Children Speciality Hospital, High-rise Commercial, Hotel and Residential Towers include Burj Khalifa, Palm Island Project, Dubai Rail Project Metro Stations and DRC Factory, Dubai.
• Contracts and Claims Management:
Developed and managed procedures, systems and corporate policies for contracts forms, procurement and cost control; Ensured potential risks were mitigated with due importance to safety and CSR values, and implemented non-adversarial contracting strategies. Developed and implemented change management procedures; Carried out Subcontractors’ appraisals and analysis of pricing; Negotiated terms and conditions and approved Subcontract works.
Managed site instructions, site directions, variations and approved progress billings. Prepared and evaluated claims, and ensured follow ups on submissions until approval; Approved monthly reports; Contract and Subcontract Closeout responsibility. Handled Lump Sum and Unit Priced contract documents of ‘Bespoke-types’, SIA Standard form of Contracts and Public Sector Standard Conditions of Contract for Design and Build Works, and EPC Contracts.
• Tender/ Bid and Construction Proposals:
Carried out pre-contract analysis to mitigate risks; Prepared proposals/ method statements for biddings of projects that included University Buildings, Air Traffic Control Centre, Metro Rail project inclusive of Station Buildings and Tunnel Structures for Airport interfaced with Terminal 2-Singapore, Express Way (Tunnel Structures and Buildings) and Sewage Treatment Plants.
Ensured the clients’ needs are always kept second to none while taking solutions that were expected viable both professionally and economically. In that challenging environment, my team was committed to carrying out commercial risk analysis and value engineering with the clear sense of responsibility. Provided guidelines for carrying out value management.
Managed teams of professionals and ensured the Project Management Plans, Construction Methodologies, Quality Assurance and Quality Control Plans, Construction Environmental, Safety and Security Plans, Project Risk Analysis Reports and Job Hazard Analysis were prepared and implemented with greater socio economic responsibilities amid various project constraints.
• Construction Management:
Reviewed and approved works method-statements, materials submittals and project reviews; Implemented control procedure for drawings/ material submission for client’s approval; Non Conformance and Corrective Action Reports in accordance with Standards; Conducted progress meetings with client Engineers/ Consultants; Monitored work progress and ensured target completion of work activities in compliance to approved drawings and safety standards. Provided training and development opportunities to subordinates and evaluated their performance under multicultural working environment.
Lead teams in resolving issues of contractual matters with Clients, Architects, Consultants and Specialist Sub-contractors, all for the projects of Government Departments, Airport and University.
INFRASTRUCTURE PROJECTS COMPLETED:
• Construction of Expressway Tunnel inclusive of Cut & Cover Tunnel, Ventilation and Power Buildings works (Design and Build Contracts), Singapore; Project value: S$240 Million
• Singapore Airport (MRT) Rail Project coupled with Terminal 2 interfacing, Construction of Station Building Works - Singapore; Project value: S$300 Million
Sewage Treatment Plant Process and Power Building works (EPC Contract), Singapore; Project value: S$186 Million
• Housing and infrastructure Development works for National University of Singapore EPC Contract, Project value: S$102 Million
Construction works from design stage until successful completion, handled multiple projects Subcontracts; Prepared cost analysis and tender documents; Prepared and submitted Works & Product method statements.
PROJECTS: Apple computer buildings, Singapore Discovery Centre, Shopping Mall, Public Housings 10 Blocks of each 12 Storey Buildings for Housing Development Board, Singapore.
Construction of Public Housings; Prepared and submitted tender proposals and woks method statements; Reviewed Subcontract Agreements; Prepared schedules and invoices; Conducted weekly meetings with sub-contractors and staff
PROJECTS: 678 Public Housing units of six Buildings of each 25 Storey for Housing Development Board, Singapore; Project value: S$44 Million
Construction works, handled multiple projects Subcontracts.
PROJECTS: Commercial complexes (Pinsep Building and Apollo Centre), Fisons Pharmaceuticals Buildings and
Glaxo Pharmaceuticals Buildings
Construction works, handled multiple projects Subcontracts.
PROJECTS: Commercial complexes (Pinsep Building and Apollo Centre), Fisons Pharmaceuticals Buildings and
Glaxo Pharmaceuticals Buildings