Ian Mackay Profile Picture

Ian Mackay

Director Delay Analysis & Planning

Discipline

Delay Analysis, Contracts

Qualifications

  • BSc Civil Engineering
  • Post Graduate Masters in Construction Law (LLM)
  • Member ICE

Specialisms / Skills

  • Expert Advisory / Witness
  • ASTA Powerprojects
  • Primavera 6
  • Microsoft Project
  • Microsoft Office Suite

Since 1999, Ian has acted as an expert delay analyst on construction projects covering a wide range of types of civil engineering, building and process engineering contracts. He has over 30 years’ experience in the construction industry and has formerly held positions as a director in a medium sized construction disputes consultancy, as a project manager for a large civil engineering contractor and as a civil design engineer. He has given advice on matters of delay and disruption on projects in the UK and overseas in Malaysia, Canada, the middle east and Africa.

He has acted as a delay expert and given oral evidence and presentations in adjudications, mediations and arbitrations.

His project experience includes major sewerage and treatment works projects, oil and gas pipelines and process plants, road and rail projects, power stations, renewable energy projects and commercial and residential building developments.

He has experience as acting as a delay expert on projects that have been based on a wide range of standard and be-spoke Conditions of Contracts including the NEC/ECC Suite of Contracts, JCT Suite of Contracts, ICE Suite of Contract, FIDIC Suite of Contracts and the I Chem E Suite of Contracts.

Ian has given many presentations on aspects of planning and delay analysis covering best practice, developments in the law affecting delay analysis and the use of programmes in NEC contracts.

  • Bryan Cave Leighton and Paisner
  • Haynes Boone LLP

Gas pipeline project, Africa – Instructed by solicitors to provide an expert report for arbitration proceedings on the causes of delay to the main process plant which is part of a large gas extraction and pipeline project.

Sewage treatment works, UK – Instructed by solicitors to provide an expert delay analysis report for an adjudication relating to delays to a sewage treatment works project.

Pharmaceutical facilities development project, UK – Instructed by solicitors to provide an expert report for adjudication proceedings. Following suspension of these proceedings the solicitor advised that a favourable result had been achieved in negotiations.

Refurbishment of railway stations, UK – Instructed by solicitors to prepare an expert delay report for an adjudication. A favourable result was achieved and the adjudicator stated that he agreed with the findings of Ian’s report.

Civil engineering infrastructure development project, London, UK – Instructed by solicitors to prepare an expert report on behalf of a developer in response to a report from the contractor. (value of construction contract approximately £200 million). The dispute was settled in negotiations.

Onshore Wind Farm, UK – Instructed by lawyers acting for a contractor to prepare an expert delay report for an adjudication. A favourable decision was achieved and the adjudicator stated that he agreed with the findings of Ian’s report

Multi storey residential and commercial development, UK – Instructed by solicitors of a contractor to prepare a delay analysis report on delay caused by defective concrete stressing tendons for an arbitration. Gave oral evidence under cross examination by QC in proceedings. The Arbitrator stated that he preferred Ian’s report.

Premier League football training facility, UK – Instructed by lawyers acting for a sub-contractor in adjudication proceedings. A full extension of time award was given based on the findings of Ian’s report.

New day care centre, Scotland, UK – Instructed by solicitor to prepare report for arbitration proceedings on whether a contractor was proceeding ‘regularly and diligently’. Gave oral evidence under cross examination. A favourable result was achieved with the Arbitrator accepting the findings of Ian’s report.

Residential development , north east England, UK – Instructed by lawyers of a contractor to prepare an expert report on delay caused by negligent structural design as part of pre-action protocol proceedings. A favourable result was achieved in negotiations.

Commercial building refurbishment, UK – Instructed by lawyers of a developer to prepare an expert report in response to a contractor’s claim. A favourable result was achieved in negotiations.

College refurbishment, UK – Instructed by lawyers of a developer to prepare an expert report in response to a contractor’s claim.

Gas pipeline and process facilities, Africa – Advice to Employer on extension of time covering three separate contracts, total value of contracts $400 million approximately. (2016-2019)

CSST (Combined Sewage Storage Tunnel), Canada – Prepared delay analysis report for a contractor for negotiation purposes. (2018)

Assessment of compensation events under NEC in connection with adjudication between an electrical contractor and a main contractor relating to a project for London Underground (early 2013).

Weather delays which affected the installation of a new insulation system on multi storey housing blocks (Aug-Nov 2013).

Delay to the installation of steelwork in a refurbished building in central London (Dec 2012- Jan 2013)

Foundations for an offshore wind farm development in the North Sea (August – October 2012)

A motorway junction improvement project in the midlands, UK (2010/ 2011)

Improvements to a Ministry Of Defence establishment in the south of England (2011)

A railway depot refurbishment project in Scotland (2010)

Redevelopment of a building for a hotel project in Glasgow – (2009/2010)

Flue gas desulphurisation project in Wales – civil works and the installation of buried pipelines (2008/ 2009)

Schools building projects in Ayrshire (2007)

Multi-storey residential developments, UK – In 2005 and 2006 Ian provided forensic planning analysis reports for planning experts appointed in arbitration and litigation proceedings for several multi-storey residential developments in Manchester.

Southern General Hospital in Glasgow, extension – support in an adjudication (2002).

The Union Square shopping development, Aberdeen (2009/ 2010)

The Scottish Parliament Project (2002 – 2004)

Waste water treatment projects, Scotland (1997)

Wave and tidal energy project, Scotland (2008-2013)

Exhibition and conference centre in Liverpool (2007)

Extensions to Edinburgh, Polmont and Shotts Prisons, Scotland (2006 – 2008)

Presentations

  • Presentation on good planning practices and delay analysis for a large multi-national oil company based in Vienna.
  • Presented a seminar on the contrast between the NEC3 and the SBCC (JCT) forms of contract at BTO solicitors in Glasgow.
  • Presentations on methods of delay analysis and assessing extensions of time for the RICS at several venues across the UK.
  • Presentations in London on programming under NEC3 for courses on delay and disruption organised by Asta Powerproject and for a Linked-in discussion group.
  • Presented a seminar on good planning and programming practice in central London at the Asta Powerproject annual users’ conference

Article

  • Discussion article titled “Extension of Time Claims” was published in the ICE Proceedings: Management, Procurement and Law (May 2011)