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John Battersby
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| John Battersby |
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FInstCES, FGIS, FASI, FCIOB, FHKICM, MRICS, MHKIS, FCMI, FCIArb, FHKIArb, MAE
Group Managing Director
Registered Dispute Resolution Advisor
Accredited Expert Witness
Accredited Mediator |
Key Experience | 43 years experience in the construction industry, 26 years of which has been on projects in Hong Kong and throughout the Asia Pacific region.
37 years of senior management in quantity surveying practices, commercial and contract management consultants and commercial departments of contractors.
31 years specialist experience in the preparation/review, negotiation and settlement of claims for extensions of time and additional payment on behalf of contractors, sub-contractors, developers and government departments. Although most of such claims have been settled through the process of negotiation, the remainder have been successfully pursued through the process of mediation or arbitration.
Through the course of these activities, has gained an in depth working knowledge of building and engineering construction, construction procurement and construction management processes, construction law, contract administration and the various standard forms of contract, methods of measurement, specifications and other related documentation in use both locally and internationally. In pursuing the entitlements of various contractors, both in direct employment and as a consultant, has experienced a variety of recording and costing systems and other administrative procedures adopted by contractors. Since most of this time has been spent trying to solve problems and investigating “what went wrong”, has a special appreciation of the importance of early identification of potential constraints to progress and financial and contractual problems and the implementation of preventative measures and tight control.
Having been involved in several major disputes, some of which have had to be resolved by the arbitration process, has experienced first hand the enormous costs which can be generated by parties failing to communicate and understand the other’s point of view. Against this background, became particularly keen to promote proactive dispute prevention procedures and mediation as a cost effective alternative method of dispute resolution and as an aid to negotiation. For this reason, successfully underwent an assessment at the advanced mediator course run by the Hong Kong International Arbitration Centre as a result of which was included on its panels of construction mediators and ACP mediators. Since then has been appointed mediator on a number of occasions including appointments on projects forming part of Hong Kong’s Airport Core Programme. Accredited Mediator of the Hong Kong Mediation Council.
Dispute Resolution Advisor approved by the Architectural Services Department of the Government of the Hong Kong SAR, the Hong Kong Housing Authority and the Hong Kong Science & Technology Parks Corporation and has acted in such capacity on a design and build office development, two hospital extension projects, four housing development projects, a hospital alteration and refurbishment project, a design and build residential training complex for juveniles, a Science Park development, a deep sewerage tunnel project and a deep storm water drainage tunnel project.
Acted as Expert Advisor and Expert Witness several times in respect of additional cost / loss and expense / damages claims, measurement issues, adjustment of rates, valuation of variations and the causes and effects of delays to construction works, including appointments as Tribunal Expert. Elected in the Practising Category as a Member of the Academy of Experts and accredited by the Academy as an Expert.
Appointed as Assessor.
Conducted mediations and arbitrations as party representative several times, including acting as Advocate.
Party nomination as Arbitrator several times and appointed once as Arbitrator through HKIAC’s list system and twice as Arbitrator by agreement of the parties.
Panel member of Shenzhen Arbitration Commission.
Lecturer on alternative dispute resolution / dispute avoidance and commercial and contract management issues (see Appendices C and E).
Appointed as Honorary Contract Advisor to the Hong Kong Electrical Contractors’ Association Limited.
Appointed as Independent Board Member of an Alliance between Main Contractor and Specialist Engineering Contractor on an elevated highway project.
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