29 years' experience in the construction and engineering industries. Cardiff University Law School Bond Solon Expert Witness certified

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1 Quantum Expert Key Facts 29 years' experience in the construction and engineering industries Acted as an expert, in various roles, on more than 20 occasions Specialist in valuation issues; disputed final accounts; claims for extensions of time; claims for direct loss and/or expense, and damages claims TOM COMERFORD Qualifications BSc (Hons) Quantity Surveying MSc Construction Law and Arbitration (Kings) Memberships and Associations FRICS, FCInstCES, FCIArb, MEWI, MAE Presentation and Training Disruption Claims, Target Cost Contracts, NEC3 Options A, B and C, NEC3 Term Service Contract, JCT 2005 Subcontracts Sector Experience Buildings; Energy; Infrastructure; Process; Transportation Geographic Experience Africa, Mainland Europe, Middle East, UK Cardiff University Law School Bond Solon Expert Witness certified Experienced in most tribunal forums Summary Tom is a chartered quantity surveyor and chartered civil engineering surveyor with over 29 years experience in the construction and engineering industries. He particularly deals with the preparation and valuation of variations; claims for prolongation; project disruption and acceleration; disputed accounts; remedial works and damages. Tom has been appointed expert in various roles on numerous occasions. He trained as a quantity surveyor with a national construction company, dealing with a variety of projects, and carrying out a full range of quantity surveying and commercial management functions. Subsequent to that, he joined an international contractor providing claims and commercial management services on multi-million pound projects both nationally and internationally. Tom has been a consultant for the last 13 years involved in claims, dispute, and expert witness work. Tom has been involved with major projects in many industry sectors including: Rail (under and overground, light rail, and tram) Infrastructure (tunnelling, roads, utilities, hard landscaping, and pipelines) Process (water and sewage treatment plants) Power (generation, conversion, and distribution) Buildings (scientific, educational, commercial, hospital, and residential) He has been instructed on behalf of contractors, subcontractors, engineers, insurers, local and borough councils, governors, and private individuals. In addition to his various chartered fellowships, Tom is a Member of the Expert Witness Institute, Member of the Academy of Experts, and a Cardiff University Law School Bond Solon Certified Expert Witness.

2 Sector Experience Buildings Educational Appointed to prepare an expert report in relation to extensions of time and loss and/or expense claims, in connection with a new sports hall facility, in a matter brought by a contractor against the governors of a private school, under a JCT 2005 form of contract. Appointed to prepare a loss and expense claim, for a main contractor in arbitration proceedings against an employer, in relation to works to a school under a JCT 98 form of contract. Appointed to prepare claims against an M&E subcontractor, in connection with a 200 million schools PFI scheme in Northampton. Health Appointed to prepare an expert report in relation to the cost of delays, variations, loss and/or expense, and damages in connection with a medical facility, in a claim commenced against a building services/structural engineer. Appointed as expert in relation to the increased cost of M&E works, in connection with a hospital PFI scheme. Commercial Appointed to prepare an expert report in a High Court case, concerning the value of alternative remedial work schemes necessary to a structure damaged by the effects of clay heave in a matter commenced against a structural engineer. Appointed to prepare an expert report in connection with a claim commenced against a structural engineer, for damages for alleged negligence, in relation to the construction of a leisure centre in Warwickshire. Appointed, on four separate occasions, to advise a curtain walling subcontractor with regard to disputed interim and final accounts, under bespoke forms of subcontract, in relation to buildings in Central London. Scientific Appointed to prepare an expert report, in relation to delays and the cost increase of works to a scientific research facility, in a matter commenced against a structural engineer. Residential Provided an expert determination in relation to the disputed value of the contract works and variations, in connection with the refurbishment and extension of a manor house in Yorkshire. Appointed as expert, by the defendant, in a High Court case concerning the value of the works and fraud in connection with the construction of a substantial private dwelling in London. Appointed as expert by the claimant in a case concerning the cost of remedial work to a property allegedly not built to specification in Worcestershire. Appointed by the claimant to prepare an expert report in relation to the valuation of remedial works to a residential landscaping contract in Northamptonshire.

3 Energy Assisting the expert advisor in the assessment of the cost and value of works in connection with the construction of a nuclear power station in Finland. Appointed to prepare a disruption claim for a mechanical and electrical contractor in connection with its works to a gas-fired power station in Nottingham. Infrastructure Rail Appointed to prepare an expert report for a subcontractor in a dispute with a main contractor on a light rail project in the Midlands, in relation to the valuation of resources deployed and a counterclaim in regard to defective work. Assisting in providing expert advice in connection with substantial monetary claims to a PFI railway project on the African continent. Appointed to advise and prepare compensation events in connection with a signalling upgrade project to London Underground s sub-surface lines. Preparing narratives, identifying, substantiating, and evaluating disruption to the works in connection with a multi-million pound dispute to a light railway in London. Providing delay and quantum assistance in connection with a project concerning the upgrading of power supplies to the south east railway network. Assisting the claimant s expert in valuation of variation matters in connection with power and signalling works, to the upgrading of the West Coast Main Line. Assisting the defendant s expert, with the preparation of the cost of alternative schemes to a collapsed railway tunnel in Hertfordshire. Provided claims and commercial management services in arbitration proceedings for a contract involving the upgrading of the existing Jubilee Line and the construction of the new extended line. Existing line works included the construction of trackside substations, enhancement of the existing 11kv power supplies, replacement of conductor rail, and conversion of the control system from SPARCs to SCADA. New extension line works included the supply and installation of all switchgear, transformers, traction rectifiers, etc for new 132Kv intake substations, 22kv traction substations, also, trackside switching, power distribution and control cabling, plus conductor rails. Works included interfacing with all civils, rolling stock, signalling, communications, ventilation, station and tunnel services, escalator/lifts, platform edge doors, and control systems contractors. Provided claims and commercial management services in connection with the London Tilbury Southend Resignalling Project, which involved upgrading of the signalling system with specific work in relation to power supplies to the trackside signalling and communication installations. Provided quantity surveying services in connection with the works to the construction of the City Thameslink Station and the Liverpool Street Station/Broadgate development.

4 Utilities Appointed to provide expert advice regarding the disputed costs of temporary and permanent gas main diversions, in matter between a London Borough and a national utility provider. Roads Appointed to prepare an expert report in relation to the costs of Section 106 highway improvement works, in connection with a residential development, in a matter brought by a developer against a London Borough. Appointed to prepare an expert report in relation to delays and increased cost claims, in connection with road and infrastructure works to a brownfield development site, in a matter commenced by a developer against an engineering consultancy. Appointed to prepare an expert opinion concerning the interpretation of a bill of quantities item, in relation to the fill to embankments on a new bypass in Buckinghamshire. Assisting the respondent s expert in the preparation of an expert report concerning extensions of time and quantum issues, relating to a 65km road dualisation scheme, in a Middle Eastern country including interchanges, bridges, culverts, services and diversions, under national conditions of contract. Assisting the respondent s expert in the preparation of an expert report concerning extensions of time, in relation to a three way road/tunnel/flyover interchange scheme in Dubai under the FIDIC form of contract. Appointed to prepare compensation events for time and additional costs in connection with an orbital road to the Olympic Park under an ECC (NEC) form of contract. Appointed to prepare a disruption claim in connection with the cost of paving works to two prestigious streets in Belgravia & Mayfair, London. Appointed to prepare a formwork, concrete and reinforcement disruption claim for a civil engineering contractor, under an ICE 7th form of contract, in connection with its works to a transport hub in Buckinghamshire. Process Appointed to prepare the costs of alternative remedial works schemes in connection with defects to the structure of a waste/composting facility in Sussex. Appointed to assess a claim for costs between a material supplier and a civil engineering contractor, for a water treatment works (including attending of mediation) in Altrincham. Provided claims and commercial management services in connection with the mechanical and electrical elements (including full SCADA control), of a sewage treatment plant in Abu Dhabi, under a FIDIC form of contract. Provided claims and commercial management services in connection with the failure of pumps installed on the Cairo Waster Water scheme to meet the performance criteria.

5 Undertook commercial management and quantity surveying duties for a main contractor, in connection with: The construction of a sewage attenuation and pumping station constructed under an ICE Design and Construct form of contract in Cumbria. The upgrading and refurbishment of a pumping station in Whitehaven, under an ICE form of contract. The construction of a water treatment plant in the lake district, including screening and chemical dosing with local and remote telemetry control systems, under an IChemE form of contract. The construction of tertiary treatment facilities using aerobic and anaerobic processes to an existing sewage treatment works in Derbyshire under an ICE form of contract. The extension to an existing sewage treatment facility in Sussex under an ICE form of contract. Core Skills and Competencies Commercial and Contracts Specialist in preparing and negotiating claims, providing strategic commercial advice at all levels either to avoid disputes or pursue entitlement through formal proceedings. Extensive experience of commercial management and quantity surveying roles for national and international contractors spanning building, infrastructure, process, and mechanical and electrical sectors. Specialist in valuation issues, disputed final accounts, claims for extensions of time, claims for direct loss and/or expense (including acceleration and disruption), and damages claims. Extensive experience of main contracts including JCT, ICE, NEC, IChemE, standard forms of contract. Familiar with subcontracts including DOM 1, CECA (Blue Form), JCT, and NEC. Experience with FIDIC, GC Works, DEFCON, and bespoke forms of contract. Dispute Resolution Tom has extensive experience of claims preparation and defence for contractors, subcontractors, engineers, insurers, local and borough councils, governors, and private individuals. He has prepared notices of referral, referrals, replies, and rejoinders etc. and conducted adjudication proceedings including attending meetings with the adjudicator. He has attended and presented party positions in mediation proceedings and is experienced in most tribunal forums. Expert Services Tom has been appointed as expert in various roles on more than twenty occasions. Tom s particular specialisations are as follows:

6 Advising on and evaluation of variations, measurement issues, and delays and disruption under a variety of different forms of contract. Preparation and/or analysis of loss and expense or damages claims including heads of prolongation; preliminaries thickening; head office overheads; and profit, disruption, finance, and acceleration costs. Additional Information Tom has worked nationally and internationally and has been involved in major/mega project disputes around the world. Tom has drafted and presented seminars both for clients internal teams and to wider audiences for marketing purposes. Subject areas include: NEC3 Term Service Contract NEC3 EEC Options A, B, C NEC2 under a Thames Water framework agreement JCT 2005 subcontracts GC Works 1998 Managing disputes Target cost contracts Disruption claims Acceleration Housing grants construction regeneration act Planning and programming Avoiding disputes - a review of the Walter Lilly case