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David Lockwood

Managing Director South East Asia

Discipline

Quantum, Contracts Advisor & Commercial Management

Qualifications

  • Fellow of Royal Institution of Chartered Surveyors
  • Member of Chartered Institute of Arbitrators
  • Member of Society Construction Law
  • Master of Laws (LLM Distinction)
  • Post-Graduate Certificate Arbitration
  • Bachelor of Science (Hons) Quantity Surveying

Specialisms / Skills

  • Expert Advisory/ Expert Witness
  • Arbitration
  • Mediation
  • Dispute Board / Adjudication
  • Dispute Advisory
  • Commercial and Contract Risk Management
  • Training and seminars

MANANGMENT ROLES AND SOUTH-EAST ASIA EXPERIENCE

  • David has held Managing Director positions for nearly 20 years and has deployed and managed up to 90 staff being former founding local equity partner for a major international global construction Cost Management Consultant in Ho Chi Minh City and Hanoi. David subsequently established a Global Project and Cost Management Consultant in Vietnam and was responsible for all appointments and commissions in Vietnam and was appointed to the South-East Asia Board of Management and the Specialist Rail Team.
  • David has also acted as an independent consultant leveraging his 25 years in Asia with commissions and appointments in Singapore, Hong Kong, Malaysia, Philippines, Vietnam, Cambodia, South-Korea and Papua New Guinea.  David has worked and led sizeable teams on over 200 separate projects and appointments over a wide spectrum of sectors including rail transport and infrastructure, manufacturing, process, energy, pharmaceutical and commercial real-estate acting as lead Project Director for the consultant team.
  • Technical roles fulfilled include procurement and contract strategy advice, commercial and contract management, claims management, preparation of tender and contract documentation, dispute management advisory services and contract risk audits.
  • David has been formally appointed Expert Witness on a number of International Arbitration cases in South-East Asia and opined on complex quantum matters including loss and expense, price escalation using indices, overhead recovery and entitlements for variations and additional costs under the Contract.
  • David has advised on disputes that have a complex matrix of risk profile given different nationality of the parties and the complexities of local law when administering the contract under a Civil Law jurisdiction.
  • David has worked extensively with FIDIC Suite of Contracts for 25 years and provided advice and training on use and application of key clauses and themes and has acted as informal mediator to resolve quantum claims and disputes between disputing parties.
  • David has authored various reports and publications and conducted seminars, presentations and bespoke training for clients and professional bodies in South-East Asia Singapore, Vietnam and Malaysia.
  • Road Tunnel Ho Chi Minh City, Vietnam using FIDIC 1986. Appointed by Employer as respondent and attended hearing in Hong Kong and cross- examined by opposing Counsel. Prepared Expert Report on the Japanese Main Contractors entitlement to price escalation using indices, delayed payment, prolongation costs, disruption and extension of time (Employer delays). Parties settled prior to Arbitral Award.

 

  • Polyethylene Plant Haiphong, Vietnam using FIDIC Red Book 1999. Appointed by Employer as respondent to claims from Korean General Contractor. Prepared independent expert report on Contractor’s entitlement to price escalation using indices, delayed payment. prolongation costs, disruption and extension of time for alleged Employer delays). Drafted second Expert Report on opposing Expert’s opinions and comments on counter-claims by Employer.

 

  • Expressway and related Intersections, Quang Nam Province , Vietnam using FIDIC Red Book 1999 appointed by Korean General Contractor to opine on claims for late payment of IPC’s, non payment of approved variation orders, price escalation using Vietnam Provincial Department of Construction norms and indices and loss of overhead. As part of the Experts report a full review of the adequacy of local indices to compensate the General Contractor for price escalations was required with a full and extensive review of the contractor’s computation methods and use of raw data/indices. Hearing date late 2022 in Singapore International Arbitration Centre.

 

  • Hanoi Metro, Hanoi Vietnam using FIDIC Red Book 1999 appointed by Korean General Contractor and provided in-formal expert advisory services in the preparation of Draft Notice of Arbitration advise on claims strategy and supported drafting of the Statement of Claim to include late payment IPC’s, non payment approved variation orders , price escalation using VN norms and indices loss of overhead and extension of time  for employer delays.

 

  • Vietnam TV Centre Hanoi, Vietnam using FIDIC 1987 appointed by FIDIC Engineer to advise on interpretation of FIDIC clauses and to respond to Japanese General Contractor led consortium for claims for prolongation costs, variations and overhead recovery for alleged Employer delays.

 

  • Ho Chi Minh Water Sanitation Project, Vietnam using FIDIC 1987 acted as Mediator between Chinese General Contractor and US based FIDIC Engineer to advise on the validity, entitlement and proper presentation of Contractor’s claims for variations, disruption, prolongation and overhead recovery. Attended quarterly meeting with World Bank appointed Dispute Resolution Expert as advocate for Chinese Contractor worsening commercial position due to alleged Employer culpable delays.

 

Lixil Aluminium Extrusion Factory, Long Thanh, Dong Nai, Vietnam 

  • Engaged by Japanese Contractor as commercial manager responsible for down-stream sub-contract procurement and design consultant appointments under turn-key contract based on FIDIC derivative contract.
  • Preparing consultant appointments using FIDIC White Book.

 

Olefins Poly-ethylene Production Facility, Malaysia

  • Preparation of quantum claim and delay analysis for major Korean General Contractor. Methodology was to identify major increases in quantities and identify and link key delay events and draft contractual entitlement under the contract. Led team of 6 people in the preparation of detailed claim under FIDIC Red Book.

BP Petco Lubricating Oil Plant, Ho Chi Minh City, Vietnam 

  • Preparation of tender documents for facility using Bills of Quantities, team member responsible for Quantity take-off using international standard method of measurement, bulk-checking and compilation of complete tender document package using bespoke Particular Conditions under FIDIC Red Book.

Ho Chi Minh City Urban Metro Project Line 1

Engaged by E&M Sub-contractor under Japanese EPC Contractor and advised strategy for presentation of delay and prolongation claims, drafted and presented opinion papers on contract clauses and their interpretation, prepared contractual risk document identifying potential risks for non-compliances under the contract for early-warning of potential concurrent delay and counter claims.

 

Hanoi Urban Metro Project Line 1

 Engaged by Korean Main Contractor to advise on claims strategy and presentation of quantum claim for prolongation and disruption. Recommended the appropriate form, content and supporting data to support claim for presentation to Employer Project Management Unit

 

Ho Chi Minh City Urban Metro Project Line 2

Engaged by Lawyer to assist in preparation of Particular Conditions of Contract to incorporate terms and conditions with equitable allocation of risk and to reflect local conditions and practice. Attended series of meetings with Employer, Engineer and Project Financiers (Asia Development Bank, Kfw Bank) to agree and incorporate banks MDB requirements and to ensure the tender documents were consistent and transparent and congruent with local industry practice.

  

Asia Development Bank Lao Cai to Haiphong trunk road (RB)

  • Director responsible for advising on Korean Contractor claims strategy based on Engineers refusal to approve claims for additional time and money under FIDIC Red Book. Provided in-house training on Red Book to Korean Engineers including the drafting of template for more effective contract administration.

World Bank Water Sanitation Canal Project, HCM

  • Director in charge acting a mediator between Chinese Contractor and US Engineer. Engaged to settle and resolve claims and disputes involving quantum claims for BQ discrepancies, interpretation of contract clauses, preparation of variations for additional quantities, managing team of QS’s in providing supporting measurement and surveys of as-built works. The measurement clauses under the FIDIC Red Book were main area of dispute.

Kranji Sewage treatment Plant, Singapore 

  • Responsible for reviewing contract documents including Bills of Quantities, specifications and drafting contractual letters for recovery of additional time and money due to increased scope of works identified by comparing all relevant contract documentation.

Tan Son Nhat New Terminal, Ho Chi Minh City 

  • Director responsible for providing external QS support to the appointed Japanese Contractor QS team. Support included contract advice, variation claim support (measurement and pricing), drafting contractual letters and providing QS team with general advice on approach and methodology for all commercial matters. The contract was awarded based on a Lump Sum Contract using FIDIC Red Book General Conditions of Contract were amended to adapt from measurement contact to lump sum.

Vietnam Television Centre, Hanoi 

  • Engaged by Japanese Engineer as sub-consultant under FIDIC to respond to all contractual and commercial issues under FIDIC 1987 version. Prepared all contract advisories to Japanese Engineer and prepared all contract correspondences. Managed a team of 3 engineers based at job-site and advised the Employer on matters such as lump sum inclusivity of contractors Accepted Contract Amount, Price increases, variation claims and loss and expense claims by Japanese / French Main Contractor.

Tu Thiem Highway Tunnel Project, District 1, Ho Chi Minh City 

  • Engaged by the People’s Committee of HCM Project Management Unit to represent government body as respondent to claim for Price Adjustment submitted by Japanese Contractor claimant. Prepared Expert Reports and attended hearing at HKIA Centre for cross-examination by claimant legal team using the FIDIC Red Book. Main area of contention was the use of indices for Price Adjustment clauses and the suitability of local indices and proxy indices and interpretation of contractor claim for “undue hardship” due to cost increase spikes during 2008 global commodity crisis and adequacy of the local indices to compensate for alleged losses.

Ikano Boustead Retail Complex, Kuala Lumpur, Malaysia  

  • Preparation of tender documents for multiple construction packages and consultant appointments using FIDIC Red Book and White Book. Review of Particular Conditions of Contract for equitable allocation of risk.

 Royal Melbourne Institute of Technology University, Ho Chi Minh City 

  • Appointed by Property Services department to prepare suite of contracts from Australian Institute of Architects to FIDIC including drafting template tender documents and Particular Conditions using FIDIC Red Book, Green Book and White Book.
  • Drafting consultant contracts using FIDIC White Book and attending meetings with RMIT legal team to agree Particular Conditions for major capital investment project.

Deutsche Haus Project Ho Chi Minh City 

  • Appointed by employer’s legal team to assist in the Preparation of Particular Conditions of Contract for various contract packages using Red, Yellow and Silver Book and to advise on equitable risk allocation, conversion of measurement contract to lump sum, price adjustment clauses, application of delay penalties and contractor obligations congruent with Vietnam law and local practice.

International Finance Tower Ho Chi Minh City 

  • Director in charge responsible for compilation of tender documents including General and Particular Conditions of Contract using FIDIC Red Book and Yellow Book Managed contract administration team in assessing and evaluating variations including time and money claims from Korean Main Contractor. Evaluation of extension of time claim for delays due to late basement works using the FIDIC EOT clauses.

Wind Farm Developer Client, Vietnam

  • Engaged by Wind Farm Developer and Lawyer to review delay claims by EPC Contractor, recommended appropriate contractual response and provided opinion papers and advice on the contractual options open for termination and counter-claims against EPC Contractor.

National Oil Company, SE Asia

  • Engaged by NOC to draft EPC Contract based on Guaranteed Maximum Price Contract and drafted over-all procurement strategy flow charts and key clause mechanisms.