Senior Contracts Manager
Major Saudi Arabian Contractor
Total des années d'expérience :51 years, 9 Mois
Shaun is currently undertaking this role for the Contractor on a large civil engineering project forming an integral element of one of the Giga Projects in Riyadh, Saudi Arabia. Advising the Project Director and all senior members of the construction, project control and design departments upon all contractual and commercial matters as the Project proceeds. Analysis of all incoming contractual correspondence from the Engineer and major sub-contractors, liaison with all relevant members of staff together with the requirements for the necessary supporting documentation in order to ascertain the factual circumstances prior to the preparation of suitable replies which protect the Contractor's position. Initiating all contractual correspondence to the Engineer on matters which require notices under the Contract including Variations, Claims and matters relating thereto such as acts of prevention and continued design changes as works proceed which have been promulgated through RFI responses and updated design modifications through issuance of technical documentation. Advising upon and preparing the instructions and evidence provided to third party claims consultant engaged by the Contractor to prepare extension of time and prolongation costs claims. Representation at regular commercial and contractual meetings with the Engineer's staff and PMC in support of the Contractor's position on disputed matters concerning Variations and Claims. Advising procurement departments head on the terms and conditions upon which Sub-Contractors and major Suppliers are to be engaged by the Contractor. Advising the instructing commercial team upon matters regarding the principle and correct quantum evaluation methods of Variations and Claims made under the Contract, together with the administration of major sub-contractors and applications/ certificates for payment under the Main Contract.s
Shaun was a member of a 120-strong and growing team providing contractual, commercial and planning support services to global contractors. He currently works out of Quantum's Doha office. In his role at Quantum, Shaun advised upon international arbitration and arbitration matters including:
•Qatar infrastructure arbitration project under the QICCA Arbitration Rules - value US$ 100 million (mn). The project concerned a dispute between a claimant main contractor and a respondent Government employer in which Quantum acted for the claimant. The works constituted a major infrastructure project for the construction of pumping stations, underground reservoirs, external and ancillary works. Shaun advised upon and conducted the arbitration on behalf of the claimant including advice upon preparation, procedure, delay events, evidence and analysis. His work incorporated the drafting, settling and filing of the Request for Arbitration and supporting documents together
During his employment at his privately owned free-lance company Shaun provided dispute resolution services and commercial and contractual management services to sub-contractors in seeking to protect the commercial position against various contractors in the UK.
During his employment at Knowles Shaun undertook the role of Director, advising upon many matters similar to those undertaken in his previous role at SLS with a particular emphasis upon:
•General breach of contract claims (claimant and defendant).
•Payment disputes and complex disputes on performance including time and quality. These matters also included:
•Analysis of sub-matters such as formation of contract, duties, breach, discharge, damages, variations, non-completion, certification, negligence and remedies. As well as providing advice to various parties and working on an 'in-house' basis for a fenestration contractor, he was principally involved in a major adjudication against one of the largest main contractors in the UK concerning a counterclaim against the client in excess of US$ 1.36 mn. This involved many jurisdictional challenges by the respondent (upon which we were wholly successful) and matters concerning the interpretation of the sub-contract in question (a significantly amended Joint Contract Tribunal (JCT) design and build) and matters of fact and performance. Claim successful in the proceedings in question.
Within SLS Solicitors Shaun worked upon matters including: Contentious
•General breach of contract claims (claimant and defendant)
•Matters included, payment disputes and complex disputes on performance including time and quality.
•Areas of law including formation of contract, duties, breach, discharge, damages, estoppel and waiver, variations, non-completion, certification, negligence, remedies and law of adjudication.
•Public procurement
•Claims under Utilities Contracts Regulations.
•Private Finance Initiative (PFI) hospital projects
•Contentious correspondence with project company SPV, NHS Trust concerning matters arising under PFI project.
•Disputes with large scale sub-contractors concerning specific areas of the works.
•Employment
•Advice for claimant and respondent to a potential dispute.
•Drafting pleadings and witness statements.
•Advising upon quantum of claim and figures for defence.
•Negotiating settlements.
•Appearances at Tribunal. Non-Contentious
•Negotiation of construction contracts generally.
•Negotiation upon, and drafting of, complex suite of documents in PFI hospital project including:
•Complex building contract based upon PFI model, guarantees, letters of indemnity, cross guarantee, collateral agreements, direct agreements, parallel loan agreements, interface agreement between builder and FM operator, shareholder agreements, parent company guarantees, various deeds of appointment and sub-contracts documents.
•Delivery of seminars and training. Advocacy services including:
•Breach of contract claims, summary judgment applications and defence, application to Court of Appeal for leave to appeal, defence of matters in debt recovery, winding up petitions and employment tribunals.
During Shaun's long-term employment with Knowles he undertook several senior positions within the company namely:
In these roles Shaun worked on the following matters:
•Advice to employers, contractors and sub-contractors upon matters pertaining to construction law generally.
•Preparation of contractual claims and subsequent representation on behalf of clients upon varied bases and upon values ranging from US$ 14 k to US$ 2.7 mn.
•Drafting pleadings in construction adjudication proceedings under the Housing Grants Construction and Regeneration Act 1996 and provision of advocacy services in subsequent hearings.
•Contractual advice and structured negotiation upon US$ 271.4 mn dispute on major European metro project.
•Provision of seminars and in-house training throughout the UK and Ireland on a variety of subjects concerning construction law.
•Management of the Midlands Region and the Limited company as a Board Director.
Responsible for the quantity surveying team on the road works section of the A46 Leicester project and led a team of four surveyors on the structures section of the M65 Motorway Blackburn project - both joint ventures between McAlpine and AMEC Civil Engineering. Duties included negotiating contracts with other parties, drafting contracts, dealing with valuation and performance related matters. In addition, conducted disputes on behalf of McAlpine both down the supply chain and upwards to the end client. Attended management meetings and prepared financial and contractual reports upon matters pertaining to the project performance.
As part of a team at the Deeside combined-cycle gas turbine (CCGT) Power Station, Shaun had specific responsibility for areas of the project including:
•Conducting the quantity surveying function in relation to those areas which included ensuring that Mowlem was achieving its contractual entitlements upwards in the supply chain which included notifying and preparing claims under the contract.
•Ensuring that Mowlem limited its risk downwards in the supply chain which included rebutting claims made by sub-contractors.
•Carrying out the evaluation function of measured work and variations ensuring that Mowlem was paid the amounts to which it was entitled and was not exposed to spurious and exaggerated claims from sub-contractors and suppliers.
Shaun began his career as a Quantity Surveyor and trained across all the necessary disciplines associated therewith on a number of construction projects within the UK. During this period, he studied on a part time basis and completed his articles in 1990. Worked on multiple projects during this period including:
•Haydock & Shap Gas Pipeline, Lancashire.
•Dartford Toll Booth Project, Kent.
•A57 Worksop Bypass.
•A1 Wetherby Bypass.
•Ravenspurn Gas Gravity Platform, Hartlepool.
•Fixby Water Treatment Works, Huddersfield.
•Rawcliffe Sewage Treatment Works, York.
•Hillington Water Treatment Works, Norfolk.