The Board

 

Raine Selles

LLB(Hons) MSc Cons. Law & Arb. FFAVE(Master) FQSi MCIArb AAMINZ 

Arbitrator
Adjudicator
Mediator
Expert Witness

 

Raine has worked in the construction industry since the age of 17. She relishes the challenges it presents and has built an extremely successful career around the management and resolution of complex construction issues.

Raine spent her formative years working for private quantity surveying practices in the UK, studied for a law degree and latterly a masters degree in Construction Law and Arbitration whilst in full time employment, and following that, membership of the Chartered Institute of Arbitrators in 1998.

For over 20 years, Raine has advised Clients and Contractors on best practice procurement, commercial management procedures and dispute resolution in addition to lecturing internationally on many related subjects, such as Construction legislation, Arbitration, FIDIC, NEC, NZS and other forms of contract along with commercial management, administration and dispute avoidance.

In doing so, Raine has built up a global reputation for successfully trouble shooting projects and resolving disputes without the need for formal litigation, working on many high profile, international contracts.

Raine founded CMC Asia Pacific in 2013 and, in a short time, has developed it into a professional and well-respected organisation within the region.

Raine has acted as Advocate, Neutral and Expert in numerous disputes both nationally and internationally.

Raine has been practicing adjudication since 1997.

 

 

Steven C Evans

BSc(Hons) LLB(Hons) FCIArb FAMINZ(Arb) FFAVE(Master) FRICS FCInstCES FCIOB PRI

Arbitrator
Adjudicator
Mediator
Expert Witness

Steven is an accomplished construction professional with 30 years’ experience in the industry gained initially as a quantity surveyor for a major multinational contractor, and thereafter in senior quantity surveying and commercial management positions.

Since 2003, he has specialised in contract law and now combines his extensive practical experience with legal qualifications to provide high quality, realistic and cost effective dispute resolution, commercial management and training services to a variety of clients internationally.

That practical experience encompasses a wide range of market sectors, construction types and methods, covering disciplines such as quantity surveying, commercial management, project management, claim preparation and defence, adjudication, arbitration, mediation, contract drafting and vetting and training.

Steven has been a director of a well established, multi-national construction contract and commercial consultancy. With a professional team, he provided unrivalled and formidable construction and contract advice to clients in Ireland, Wales and the South West of England. As a lecturer for the training division of that organisation, Steven provided training on a variety of topics such as JCT, NEC3, Adjudication, Payment and Contract Law.

Before that Steven was quantity surveyor and, thereafter, managing surveyor for a construction company which had a turnover in excess of GBP70m. He headed the commercial department of the Wales division (with a turnover of GBP40m) and managed a team of 10 quantity surveyors. Steven gained a wealth of practical knowledge and experience in main contract and sub contract management and dispute resolution and created and implemented new company wide commercial management systems and procedures.

In 2012, Steven founded, and continues to run, a professional consultancy in the UK, Steven C Evans Ltd; in 2015 Steven moved to Australia and joined CMC Asia Pacific to assist in its expansion throughout Asia Pacific.

Steven has acted as Advocate, Neutral and Expert in numerous disputes both nationally and internationally.

 

Steve Alexander

NZCB MNZIBS Dip Business (Dispute Resolution) FAMINZ

Adjudicator
Arbitrator
Expert Witness

Steve Alexander is an expert in building science, technology and regulations.  Since 1997 he has investigated over 1000 buildings including appointments as expert witness in over 500 building and construction disputes. He has provided expert evidence in tribunals, adjudications, arbitrations and the High Court as well as appearing in hundreds of mediations as expert witness. 

In determinative dispute resolution he conducts expert determination, adjudication and arbitration.  His detailed understanding of the building industry assists with clarifying and resolving complex building disputes.  Building disputes are invariably complex so the ability to accurately distill the issues into the facts and principals of law reduces cost.

Working throughout New Zealand in expert witness work he is regularly instructed by central and local government, insurers, institutional property owners and home owners.  Has acted as Engineer to the Contract under NZS 3910 on many projects.

Steve is Director of Alexander and Co Ltd, Director of Eclipse Investments Ltd, Trustee or advisor to three trusts, Building Science Specialist, Building Surveyor and Dispute Resolution Consultant. He is resident in Auckland with interests in Christchurch, Hawkes Bay and Taupo regions.

 

Andy Alagappan

BE(Hons) MDes

Expert Witness

 

Andy is an astute planner, with over 10 years of experience in diverse industries such as Construction, Oil & Gas, Iron / Steel Mfg & Baggage Handling Systems. A data and process driven, strategic thinker with strong leadership skills and good Commercial Acumen.

 

Peter Degerholm

MMgmt (Disp Res) Reg QS FNZIQS FAMINZ(Arb, Med) MRICS

Arbitrator
Adjudicator
Mediator
Expert Witness

Peter is a Wanaka based specialist in construction contracts and dispute resolution. He has over 40 years’ experience in the construction industry in quantity surveying, management, consultancy and dispute resolution. He acts as an adjudicator, arbitrator and mediator, and provides expert witness and advisory services with a focus on construction contracts.

Peter served on the NZS 3915:2005 and NZS 3910:2013 (including NZS 3916 and 3917) Conditions of Contract review committees, and delivers educational workshops on NZS 3910 and construction contracts for Engineering New Zealand and a wide range of private clients in the civil, commercial and residential sector. His publications include Managing Contractors’ Cashflow – Making the Construction Contracts Act work for you (2003), and CCA Handbook – Making the Construction Contracts Act work (2016).

 

Paul Kelly

FCIOB MCIArb MAPM FAE

Expert Witness

 

An accomplished and professional programming expert, Paul joined Capita in 2015 as a director of expert witness and advisory services. Previously a director of Gleeds Advisory, Paul led a team of construction professionals offering expert advisory and CPR compliant expert witness services to any of the parties in a potential or actual dispute.

Paul has over 40 years’ experience in construction and his personal expertise is planning & programming (scheduling) either for live projects or for forensic delay analysis – to evaluate entitlement to extension of time.

His international experience covers a wide range of sectors from buildings and infrastructure, to ship-building and oil and gas.

 

David Bordoli

BSc MSc FCIOB MAPM ACIArb

Expert Witness

 

David is an extremely experienced planning professional predominantly working in the construction and engineering industry but his extensive understanding of the discipline means that he can apply methods and techniques to virtually any situation.

David is committed to the planning and programming discipline having been involved in this aspect of the industry for over 40 years. He started his career working for major UK construction contractors and since 2001 has provided consultancy in planning and programming with specific focus on forensic delay analysis. His academic and professional qualifications reflect his dedication and he has developed a number of techniques, in particular time impact analysis, that have become adopted as industry standards.

David is an experienced expert witness in adjudication, arbitration and litigation, including on international matters and under cross-examination by senior counsel.

 

Duncan Grimshaw

BSc LLM FRICS

Expert Witness

Adjudicator

Duncan has more than 35 years’ experience as a quantity surveyor, project manager, and employer’s agent, working for major consultancies and national and international contractors. This experience includes commercial and project management of infrastructure and power generation projects, offices, laboratories and research facilities, housing and residential schemes, retail, leisure and mixed-use schemes, and educational establishments. He has worked on projects using standard and bespoke main works contracts and sub-contracts including JCT, FIDIC, NEC3, IChemE and PPC2000.

Since 2008 Duncan has specialised in dispute resolution. He has been named as expert in many disputes and has provided written and oral evidence in court and in ADR. He has worked on disputes in several sectors and across geographies with claim values of up to several billion pounds.

Duncan also undertakes multiple dispute avoidance commissions on live projects to reduce claims, e.g. from subcontractors to main contractors, or main contractors to employers.

 

Robert Gerrard

BSc(Hons) Dip Law FRICS FCInstCES

Mediator 

Adjudicator

Robert is a published author and an accredited mediator who focuses on civil and commercial mediation, drawing from over 30 years’ experience mainly in the construction and engineering industry.

Robert favours mediation over other dispute resolution methods as the parties control their own destiny, with facilitation by a skilled mediator. With mediation, you will strive to arrive at an outcome that you can both live with and then move on with your lives. This is something you may not get with other forms of dispute resolution.

 

 

 

Barry Fullarton

RICS Accredited Expert Witness

Expert Witness

Over 30 Years’ experience in Construction and Engineering. Project Controls, Planning Manager – for both Clients and Main Contractors. Now specializing in Delay Analysis, Construction and Engineering Claims, Dispute Resolution, Forensic Delay Analysis and RICS Accredited Expert Witness, Highly Experienced in managing complex construction and engineering contracts across multi-disciplinary industries.Assisting in the review of claims (DAB’s) submitted and preparation. Defining Strategic approach of management of Claims either for Main Contractors and/or Clients. 

Particularly experienced (15 years) in identifying the nexus of the cause and effect of the effect flowing in relation to delay and disruption in relation to a wide range of projects including, Residential, Commercial and Retail, Rail, Road, Bridges and metro projects, infrastructure developments, heavy civil engineering. These also include, Heavy Mineral Separation Process plants, Sugar Mills, Aluminium process and smelters along with Chemical and Fertilizer Plants and Airports and more recently Power Plants, Coal Fired Power Stations (4800MW). 5 years of Marine and Harbour which include Bulk Terminals, Container Terminal and Ship loaders. 

Locations have included contracting through South Africa, Africa, Australia, Central America and Asia at Associate and Director Level.  

Always taking a hands-on role in the support of contractors and clients, specializing in the preparation of contractual claims, advising on project specific commercial strategies and leading dispute resolution teams in international arbitrations along with Recovery Strategies.

As an Accredited Expert Witness his role includes – preparation of delay analysis claims and the resolution of disputes that arise in the ever increasing litigious construction and engineering climate. This includes drafting claim narratives, review of contractual obligations, analytical review of construction programs and establishment of cause and effect schedules to prove delay and disruption. Experience in compilation of cost/quantum claims in relation to disruption, prolongation and acceleration. He has an in-depth experience in the use of various delay analysis techniques. Barry is also highly skilled in Earned Value Methodologies and Earned Schedule. Measured Mile, Extension of Time, Disruption Claims. Risk Analysis. Project Controls, Pre Contracts, Contract Negotiations, and Strategic Polices and options, Procurements and FEED.

 

Thierry Linares

LLM FCIArb AACE RICS Accredited Expert Witness

Expert Witness

Adjudicator

 

Thierry Linares is a Senior Director in the Construction practice of FTI Consulting’s Forensic and Litigation team, based in Paris. He joined FTI Consulting in 2016, having spent most of his professional career on major oil and gas and infrastructure projects.

Thierry has 15 years of experience managing the various components of project controls, both on contractor and client side. Prior to joining FTI Consulting, he held positions with Technip, ECP and Saipem.

Thierry has been extensively involved in the set-up, management and development of activities of project control:  budget and cost control, planning, contracts and subcontracts administration, risk management, analysis of key performance indicators.

As such, Thierry has developed a comprehensive knowledge of issues relating to cost, scheduling, procurement, risk and contract management within the construction project industry. In the past ten years, Thierry has focused on estimation and managing complex procurement bids, developping and managing claims as well as dispute resolution tools and strategies, and driving an in-house team for a Contractor.

He worked on greenfield onshore oil&gas, offshore modular process, mining and port projects, from engineering to commissioning, and has a large experience technical industrial problematics.

Thierry acts as delay and quantum expert witness and dispute board member on complex engineering and construction projects.

 

Finn Collins

Adjudicator

Finn practices in construction and property and provides advice and advocacy for contractors and owners on complex matters.  Finn has acted in disputes for prominent developers, contractors and commercial property owners in the Wellington and Auckland regions. He has litigated major cases on defects, variations and time related claims. Many of these disputes have proceeded through arbitration. Finn has a deep understanding of expert evidence on construction related matters and has considerable trial experience involving experts. Prior to commencing as barrister sole in 2023, Finn was a partner for 9 years at Gibson Sheat, where he headed the firm’s construction team department.

Finn’s experience includes strategic and drafting advice on contracts and procurement related issues. He is familiar with a wide range of standard forms (including NZS3910, NZIA, NEC and FIDIC). He worked for a UK law firm, Freeths, in its construction and engineering team where he practiced in professional negligence and infrastructure claims before returning to New Zealand to set up a construction team at Gibson Sheat.

Finn provides legal advice and support for members of the Australasian Timber Flooring Association and is a regular article writer for that organisation’s magazine. He is also a member of the Construction Law Society and a Board member for the Common Unity Aotearoa Project, a charity that works across Lower Hutt to address the lack of affordable and healthy food.

 

Robert Fenwick Elliott

.

Adjudicator
Arbitrator
Mediator

 

Robert is one of the most experienced construction lawyers in the common law world.

After initially working with Masons (now Pinsent Masons) in London in the 1970s, Robert set up his own specialist construction law practice Fenwick Elliott (now Fenwick Elliott LLP) in 1980, and was senior partner of that firm for 22 years. While based in London, and since moving to Australia his work took him all round the world litigating and arbitrating hundreds of cases involving billions of dollars. The projects have involved the construction or repair of airports, bakeries, bridges, civil engineering, cryogenic gas storage, dams, electricity, substations, embassies, entertainment centres, factories, FPSOs, harbours, hospitals, hotels, housing developments, libraries, light industrial, light rail, marine terminals, mining facilities, museums, office buildings, offshore gas facilities, oil storage facilities, pipe lines and pumping stations, power stations (combined cycle and nuclear), prisons and other detention centres, process plants, rail, reservoirs, roads, security facilities, ships and smaller craft, shopping malls, solar installations, sports facilities, storage facilities, tunnels, yoghurt plants, and other types of structures.

In 2003, he moved to Australia, and after a brief break from the law, formed a boutique construction law practice – Fenwick Elliott Grace – in Adelaide. In 2013, he ceased practising as a solicitor and became an independent barrister. He is an international member of London based Keating Chambers. He is now based at Myponga Beach on the Fleurieu Peninsula, but most of his work is interstate or international (particularly in New Zealand).

Throughout his career, he has focused on intermediate dispute resolution techniques including adjudication, dispute review boards, mediation, pendulum arbitration, expert determinations and mini trials. When he appears as an advocate in Supreme Courts throughout Australia, it is typically in connection with the challenge to or enforcement of such processes. He splits his time between acting for/ advising parties, and acting as adjudicator/mediator/DRB member et cetera.

Robert has written a number of books on constructional topics, including building contract disputes: practice and precedents and has lectured on the topic on several continents. He maintains a website dealing with construction law topics at feconslaw.wordpress.com.

 

Shady Mikhail

BSc, LLM, FCIArb, PMP, PSP

Expert Witness

Delay Analysis & Forensic Planning

Expert Determination

Arbitration

Shady is a Delay Analysis and Forensic Planning Expert with over 15 years of extensive planning and scheduling experience in different project profiles which varied from mixed use development, high-rise towers, infrastructure.

Shady is a civil engineer by qualification, he holds a Master of Laws in Construction Law and Arbitration that emphasize on delay claims in common law jurisdictions: in particular delay analysis, concurrent delay and a comparative approach between the different forms contract including the Australian standard form contracts, this had significant impact on the level of investigation and the standard of service provided for matters involving delay and requiring forensic analysis.

Shady is a Fellow of the Chartered Institute of Arbitrators (FCIArb), a graded Arbitrator with Resolution Institute, he also holds a post graduate diploma in project management, a certified Project Management Professional (PMP) and Planning and Scheduling Professional (PSP).

Shady is the principal of CFPM Solutions, a boutique Construction Forensics and Project Management firm that provides the following services: Planning & Scheduling, Front-end Delay Analysis, Back-end Forensic Planning / Forensic Advisory, Expert Witness (Delay), Expert Determination and Arbitrations.

 

Colin R. Orchiston

B.Arch., FNZIA., FAMINZ(Arb/Med), Prof.Urb.Val.(NZIV), MNZPI.

Adjudicator 

Architect

Construction Disputes Consultant

 

 

Colin is a seasoned architect and construction disputes consultant with extensive experience. Starting his career in the 1970s with Orchiston & Associates, he expanded his expertise to urban valuation and dispute resolution.

In the 1980s and 1990s, Colin led diverse projects in residential, commercial, and institutional sectors while gaining qualifications in arbitration and mediation. He later held senior roles in a multinational consultancy, focusing on risk management and building disputes.

Since 2010, Colin has run Orchiston Architects Ltd, specializing in architecture and dispute resolution, completing over 3300 projects. He also teaches part-time in architecture and dispute resolution.

Colin has contributed to the industry as Claims Director and Board Member of the NZ Architects Co-operative Society, a member of the Building Practitioners’ Board, and an author of industry guidelines. He has judged the Master Builders House of the Year competition and participated in legislative consultations.

Colin is active in his community, serving as president of the Eastbourne Lions Club, and enjoys debating, DIY building, and theater.

 

David Roberts

LLM(ConstLaw&Arb), DipICArb, DipAdj, FCInstCES, MRICS, MAIQS, MNZIQS, MISVA

Adjudicator

Arbitrator

Mediator

Expert Witness

 

 

David is an Adjudicator, Arbitrator, Mediator, and Expert Witness with extensive expertise in international construction and infrastructure disputes. Holding a Master of Laws in Construction Law & Arbitration and multiple professional diplomas, he is a Chartered Surveyor and multi-listed arbitrator known for managing complex cases both onshore and offshore.

David is registered with the RICS Presidents List, ICC (London), Law Society of Scotland, Australian Institute of Quantity Surveyors, and New Zealand Institute of Quantity Surveyors. He serves as a panel arbitrator with institutions including ICC London, ICC Singapore, London Court International Arbitration, and DIAC Dubai, and is an adjudicator for Construction DRB New Zealand, Law Society of Scotland ADR Specialist, and UK Adjudicators.

David mediates and conciliates for ICC London, Law Society of Scotland ADR, and ADCCAC Abu Dhabi. With a background that includes an ongoing MSc in Building Surveying from UCEM Reading and diplomas in International Commercial Arbitration and Adjudication in Construction, David offers comprehensive services in arbitration and adjudication management, expert witness services, mediation, and claim management. His published works include articles in the International Bar Association’s Construction Law International and Building Environment Economist. David’s profound knowledge and versatile experience make him a valuable asset in resolving disputes and providing expert guidance in the construction and infrastructure sectors.

Kerry Fulton

 

LLB (Hons) (VUW)

LLM Cambridge University

Adjudicator

Arbitrator

Counsel

 

Kerry is a vastly experienced senior commercial litigation barrister with extensive construction law experience.  He routinely leads and conducts multimillion dollar cases, and has worked closely with many world-leading experts including some of Australasia’s leading QSs and delay specialists. He has also published many academic articles and contributed to international texts.

Construction claims are contract based, so his legal expertise and determined focus on identifying and resolving the real issues means even the most complex claims will be dealt with effectively and efficiently. His construction experience covers the full array of activity, from advice on contract formation, to advising on or managing all types of claims, to acting in disputes processes be that private or Court, and acting as an adjudicator to determine such claims. Kerry is also available to act as arbitrator.

Kerry has been involved with some of NZs largest construction projects in recent years, with experience in underground drilling and pipelaying, tunnelling, water management systems, piling, roading, gold mining, large-scale vertical builds, industrial and commercial buildings, leaky building claims, PPPs, claims involving designers, architects and engineers, and insurance claims. He has acted for Principals, Contractors and Sub-Contractors.

Member of NZ Bar Association, SCL NZ and AAMINZ.

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