Andrew Cox is a London-based Chartered Quantity Surveyor and Barrister with over 35 years of experience of providing professional services on infrastructure, natural resources and property sector projects in the role of project manager, contract administrator, employer s agent and / or cost manager (quantity surveyor) in private practice and on secondment to Public / Private sector Owner / Employer, specialist Contractor and Consultant organisations. Andrew has over 25 years of experience of commercial and contracting strategy, procurement (including OJEU compliance), contracts negotiation, contract change / risk and claims management, claims preparation, evaluation, rebuttal, negotiation and settlement, and formal dispute resolution processes acting as quantum expert advisor or expert witness in litigation, arbitration, adjudication, mediation and Public Inquiry. Andrew has given oral evidence in the TCC (London & Leeds) and at arbitration and Public Inquiry hearings, and has undertaken appointments as mediator / expert determiner and construction adjudicator. He has acted in Party Wall, etc. and Leasehold Valuation Tribunal matters. Andrew s experience encompasses the procurement and commercial management of oil & gas, mining, building, civil engineering, mechanical, electrical & plumbing services projects on the basis of drawings & specifications, schedules of work, bills of quantities or approximate quantities, schedules of rates, daywork rates or on a reimbursable basis under industry standard or bespoke contracts and collateral documents across JCT, FIDIC, LOGIC, ICE, NEC, IMechE and IChemE variants including traditional, design & build, LSTK, EPC, EPIC and EPCm models. Career Synopsis Examples of the commissions that Andrew has undertaken in his professional career prior to and during his time at Fairway are set out below: Dispute Resolution Support including Expert Witness Experience Oil & Gas Projects Refinery project, Caribbean Quantum expert; advice and report on cost of pipework installations in a dispute between a Subcontractor and a Contractor currently in LCIA Arbitration. Refinery project, Europe currently supporting the appointed experts on quantum and planning matters on a dispute between an EPCm contractor and an Owner in relation to a major refinery project currently in ICC Arbitration. LNG jetty project, South America - Lead support to quantum expert; advice and report in contemplation of a US$ multi-million dispute on oil & gas project. Buncefield Oil Terminal, UK - Lead support to quantum expert on matters of measurement and estimation / valuation of civil works, storage tanks, vessels, process pipework and safety and other M&E services, decontamination, risk and betterment; claimant operators in TCC litigation over the GB multi-million reconstruction cost. Pipeline Pumping Stations, Turkey - Lead assistant to quantum expert on forensic Page 1 of 7
investigations in (Turkey and London), advice and reports on actual cost of works and costs incident to termination as team leader for quantum of invoices, petty cash and salaries; Contractor claimant under a terminated EPC contract (modified FIDIC). US$ multi-million claims for Actual Cost and further incidental costs, and for scope/quantity change and disruption arising from change; US$ multi-million counterclaims. Sub-Sea Pipeline: Norwegian North Sea - Expert adviser on forensic investigation of facts, schedule and costs; advice and input to report on the merits, liability & quantum (including Scott Schedule) concerning claims for extension of time for waiting on weather, damage and indemnity, and counterclaims for defects and liquidated damages, for load-out, trenching, laying and backfilling/ rock protection of rigid and flexible pipework under a bespoke EPIC contract and Norwegian law. Rail Projects Metro project support to the planning expert advisor on a dispute between a contractor and an Owner / Operator / \Maintainer in relation to a metro automation project currently in legal proceedings. Rail Project; Africa - Advice and report to Owner on time and money claims, and counterclaims on mine rail upgrade and rail maintenance contracts. Building Projects Grade II thatched Cottage; Midlands, UK - Quantum expert; professional negligence claim; advice and report on the cost of alternative remedial works proposals. Flats; London, UK - Quantum expert; advice and report on cost of water ingress and passive fire protection remedial works in contemplation of legal proceedings. Residential Project: London, UK - Subject matter expert adviser to quantum expert; advice and report on construction costs for prestige Knightsbridge residential project relevant to GB multi-million leasehold enfranchisement. Office development; Caribbean - Quantum expert; advice and report on GB multimillion remedial works to HVAC services, associated enabling works and consequential costs. Support at mediation. Refurbishment of Hotel Building in Disrepair; Yorkshire, UK - Single joint quantum expert; report and oral testimony in the TCC on quantum of outstanding works. Grade II* Listed Office Building: West End, London - Quantum expert; advice and report on reinstatement cost assessment for insurance purposes following substantial fire damage and GB multi-million alleged professional negligence claim. Site Development; London, UK - Lead support to quantum expert on the valuation of low and high rise housing and site development works costs (including eradication of Japanese knotweed and site remediation) in a GB multi-million CPO dispute. Office Building; London, UK - Quantum expert; preliminary advice and report on additional cost (including delay and disruption) to office remodelling, refurbishment and extension project in contemplation of legal proceedings. Sports Stadium, UK - Assistant to quantum expert; defendant consultant designer; preliminary quantum advice including measurement of sample of steelwork members and connections 350 m. Student accommodation; London; UK - Lead support to quantum expert; claimant consultant designer, project manager and cost manager in dispute with sub- Contact details: Office Tel: 0207 209 8400 Office Fax: 0207 209 8450 Email: andrew.cox@gtfairway.com www.gtfairway.com 265 Tottenham Court Road London W1T 7RQ Page 2 of 7
consultant cost manager; advice and report, on cost of refurbishment in relation to breach of duty claims, in contemplation of mediation or adjudication. Higham House; Kent, UK - Quantum expert including oral evidence at trial; contractor claimant in TCC (London) litigation following termination of oral contracts for (i) refurbishment of a period country house and ancillary buildings, services and external works and (ii) construction of an extension including kitchen, library, swimming pool, sauna, changing rooms and plant rooms. Prestige residential development; London NW2, UK - Quantum expert; Private Client defendant; ascertainment of prime cost of refurbishment of house. Prestige residential development; London SW7, UK - Quantum expert; Private Client respondent in adjudication with contractor over the valuation of work in progress and variations, and extension of time and loss/expense claims under JCT IFC for refurbishment and extension of adjoining period houses to form a prestige residence. Prestige residential development; Kent, UK - Quantum expert; claimant developer contractor in dispute with developer investor partner under joint venture development agreement for the refurbishment and extension of a listed part Georgian/part Victorian farm house; Scott Schedule; support to mediation. Prestige residential development; East Sussex, UK - Quantum expert including oral evidence at trial; Private Client defendant in TCC litigation following alleged repudiatory breach of an oral contract for conversion of period ancillary buildings to guest suite and construction of a games building, swimming pool, tennis courts and changing rooms/plant building, and external works and services including thatching, lakes & landscaping. Reports and advice on certain aspects of an associated barn conversion to residential and re-building of a fire damaged farm house. Prestige residential reinstatement; Mayfair, London, UK - Quantum expert including oral evidence at hearing instructed by Westminster City Solicitor s Department; respondent Local Authority in an Appeal under the Town & Country Planning Acts against refusal to grant planning consent for change of use heard by way of a Public Inquiry. Mall & Superstore MEP services; Dalston, London, UK - Quantum expert including oral evidence at hearing; specialist nominated sub-contractor claimant in Arbitration (name borrowing under Green form to JCT63 through Contractor) with Employer developer over variations, extension of time, prolongation, disruption and acceleration claims. Appealed to TCC and Court of Appeal. Mall & Superstore MEP services: Dalston, London, UK - Quantum expert; specialist sub-contractor defendant in TCC litigation with labour only electrical installation subsub-contractor in dispute over variations, extension of time, prolongation, disruption and acceleration claims; defendant s standard terms & conditions. Mall & Superstore MEP services;, Dalston, London, UK - Quantum expert instructed; M&E services consulting engineer defendant in TCC litigation with Employer developer in dispute over GB multi-million negligence claim including claim for an account (allegations of secret profit taking); ACE Agreement 4 and RIBA 63 Grey form of warranty; counterclaim. Mechanical & Electrical Projects M&E Contractor; 3 No Ductwork Contracts; UK - Quantum expert; M&E services contractor defendant in TCC action with claimant ductwork contractor in dispute over Page 3 of 7
value of work done alternatively a quantum meruit. Claim Management Experience Oil & Gas Projects New office & technology campus; India - Advice and report to Owner on EPCm contract design change including valuation, and on Implementation Contract. Oil field, process terminal and export pipeline development; India - Review in India of final accounts, extension of time, disruption and acceleration claims and liquidated damages / other counterclaims for US$ multi-million project; two modified LOGIC EPC contracts for civil works and construction works including mechanical plant, pipework, electrical, instrumentation & controls and telecoms for oil, gas and water well pads, in-field pipelines and oil processing terminal and a modified LOGIC LSTK contract for SEHMS oil export pipeline. Advice to Owner COO, Group Legal Counsel and Upstream & Midstream s. Participation in settlement negotiations. LNG Terminal, Wales, UK - Investigations, advice & drafting of adjudication referral in 100 m dispute over ground work changes on civil engineering EPC project. Rail Projects Rail project; South Africa - Advice to Owner on claims and DAB procedure under FIDIC Red Book 1999 as amended for an adjudication on ZAR multi-billion project. Rail Design Contract; London, UK - Advice to consultant on payment and dispute provisions of consultancy agreement; options for escalating and resolving outstanding payments and process, timing and prospects of successful referral to adjudication. King s Cross Disaster Fire Protection Works Contracts; London, UK - Commercial close-out for MEP contractor of mechanical works (water mains, fire mains, fire/smoke detection & alarm and sprinkler systems), control rooms and electrical works to booking halls, platforms and above and below escalators contracts. Aviation Projects New Airport Terminal; London, UK - Report and advice to employer on negotiated commercial closure of GB multi-million final account, claims and counterclaims for data/telecoms passive infrastructure network serving terminal building and aprons. Mining Projects Iron Ore Mine Programme; Sierra Leone - Commercial close-out for Owner of package contracts let under FIDIC Red Book 1999 and POs for dredging, marine structures, port & rail refurbishment and new rail, bridge, process and mining contracts. Advice on implications of materials and workmanship non-compliance. Building Projects Primary & Nursery Schools, Scotland, UK - Advice and options appraisal for completion of works outstanding & making good defects for local education authority. Christchurch, St Leonards, East Sussex, UK - Advice and reports to Diocesan Board of Finance with proposals for settlement of disputes in relation to design/construction Page 4 of 7
matters, valuation of variations, extensions of time, direct loss/expense and liquidated damages on a contract with sectional completion. Dealership showroom, London, UK - Advice and report to Employer on delay and disruption (planning & quantum). Residential basement extension; London SW6, UK - Advice and report to Private Client on basement extension contract. Contractor s terms & conditions. Assessment of progress relevant to milestone payments; validity & valuation of claimed variations. Security contract; London, UK - Performance and commercial audit of framework contract for provision of security services for international sporting event; supporting Employer in commercial settlement negotiations. Led team of up to 15 people. Mechanical & Electrical Projects Rehabilitation Centre; Oxfordshire, UK - Claims preparation, negotiation and settlement for specialist MEP services contractor in adjudication of valuation, variation & retention claims under JCT domestic sub-contract; extension of time & loss/expense claims for final account. Adjudication Experience Nominated as adjudicator by the Chartered Institute of Arbitrators in a number of disputes involving claims & counter-claims on the valuation of variations, extensions of time & direct loss/expense; 25k to 350k; 35 to 65 weeks. Contracts & Procurement Experience Oil & Gas Projects Cairn India; Gujarat & Rajasthan, India - Advice to Owner on US$ multi-billion programme: - Processing Terminal Expansion - input to contracting strategy for $200 m additional power plant, storage tanks and water pumps projects; - Field Development - review and input to redrafting of proposed LOGIC based LSTK contract for $100 m oil wells, corridor pipelines, overhead power and associated civil works and tie-in works within operational processing plant; - Contracts Review - review of available industry standard form contracts (FIDIC, IChemE, LOGIC & NEC3) suitable for civil, pipeline, mechanical & electrical and process works and design for contracts with local, national and international contractors for revisions to standard contract suite; and - PSCM Procedures input to review of PSCM policy, procedures and templates following external audit to address audit findings. Review of policy and procedures to align with specific field operating agreements. - Project Procedures input to development of procedures Handbook; review of PR to PO process and input to PO to Close-out process; detailed review of existing procedures for change management and valuation of change, and drafting procedure for management of contractual claims and escalation of noncontractual claims to legal / management. LNG Project, Western Australia - Cold-eyes review / peer review for Owner of the draft invitation to bid documents for principal work packages, to be procured under an Page 5 of 7
EPIC contract framework for AU$ multi-billion project, to ensure clarity and consistency between documents and identify potential delivery and commercial/ contractual risks prior to tender with a view to risk management and dispute avoidance. Rail Projects Signalling System Project; UK - Drafting ITT Instructions to Bidder documents for NEC3 contract under OJEU negotiated procedure (estimated at 450-600 million). Assurance of and advice on PQQ processes. Advice on and management of Tender process; Developing BS11000 Collaborative Business Relationships principles and workshops for joint agreement of Project & Team Charters. City Trams Project; Scotland, UK - Review of revised Infraco Contract, Tram Supply and Maintenance Agreements, Integration Agreement, Novation Agreements and Collateral Warranties to identify key obligations, liabilities and risks for the parties; advice on drafting procedures for management of 750 m project to completion. Mixed Use Development Project, Mumbai, India - Drafting letter of tender, form of agreement, appendix, particular conditions with guaranteed maximum price provision and incentive mechanism amending FIDIC Yellow Book with guidance note for c. 5.3 m ft2 mixed use development over rail hub and station interchange remodelling. London Underground Limited; Bank & Vauxhall Stations, London, UK - Review of procurement strategies and status/next steps report for Congestion Relief/Step-free Access Projects; 650-800 m. Contract Training; London, Birmingham, York and Glasgow, UK - Preparation and delivery of training to Network Rail on NR11 standard form contract based on MF/1. Channel Tunnel Rail Link 1; UK - Advice, post-contract, on certain commercial aspects of the Section 1 Development & Construction Agreements (with reference to the Umbrella & Section 1 Master Agreements) including performance payments and liquidated damages in the context of the potential 50+ years business relationship. London Underground; Various Projects; London, UK - Advice on potential conflicts between interested parties under the LUL InfracoBVC PPP contract. Advice on entitlement issues under the LUL InfracoJNP survey and design contract. Mining Projects Integrated coal mine & power plant projects; Pakistan - Review scope, schedule & cost for mine and power plant projects to develop contract, scope, schedule and cost for mine development project. Develop heads of terms, design, engineering and construction scope and WBS/CBS/EBS with preferred contractor. Review cost and schedule submissions and advise Owner/lawyers. Potash Mine Development Project; Yorkshire, UK - PQQ evaluation; procurement, commercial & contracting strategy review, contracts review & development, risks review, insurances review, ITT documentation for 2 stage tenders for site preparation, mine shafts and tunnel including portal and mine site & intermediate tunnel boring machine launch/ventilation shafts, 66kva electricity supply, conveyors, train and tunnel systems; CESMM4 bills of quantities. Tender management and evaluation support. Initial tender pricing review, normalisation and evaluation. Uranium Mine PMC Contract; South Australia - Secondment to Owner s Team for participation in workshops, advice on and drafting of EOI/ITT documentation for Page 6 of 7
PMC tender for AUS$ multi-billion Uranium/Copper mine expansion programme. Iron Ore Mining Project; Sweden - Advice to consultant on consequences of termination under a FIDIC White Book contract. Building Projects Offices; London, UK - Reviewing and advising the European Commission on the suitability of its Works Contract and industry standard form alternatives for delivery of an office refurbishment project. Completing and amending the ECWC and drafting an employer/sub-contractor warranty for particular project requirements. Offices; Uganda - Report and advice to Employer on retention and withholding the cost of making good defects and materials not in accordance with the contract under a FIDIC Red Book contract. Sports Centre Buildings and Pitches; UK - Drafting letters of intent and updating periodically until contracts signed for two works contracts formalised. Aviation Projects Muscat & Salalah International Airports, Oman - Post-tender advice to specialist contractor on FIDIC Yellow Book 1999 provisions as amended by Particular Conditions regarding schedule of prices, change and valuation of change prior to concluding contracts. Major Infrastructure Project, UK - Drafting memorandum of understanding for Employer for volume discount off framework for 5-year GB multi-million works programme. Energy Projects GLA Refit Framework; DECC Energy Savings Projects; London, UK Drafting amendments to JCT building contract for incorporation into framework contract for energy saving projects. Energy from Waste Plant; London, UK - Short notice time limited on site review with Client and Project Engineer representatives (and co-operation of contractor) of provisions and commercial status of bespoke EPC contract, major sub-contracts and key other contracts in the context of the potential insolvency of the EPC contractor. Understanding of direct payment, termination, title/vesting, step-in and other provisions under the various agreements and their precise operation and application under English/Swiss law. Page 7 of 7