DAVID CARRICK LLM, FCIArb, FICE, FInstCES, MRICS, MCIPS, MBAE
Senior Vice President
With almost 40 years industry experience, David has been dealing with
contentious issues since 1975, and has used his skills analysing situations
and contracts where disputes either existed or threatened. He has various
appointments as Arbiter, Adjudicator, Mediator, Conciliator, Expert
Witness, Assessor or as advisor to disputing parties, and in these roles has
acted either independently, with Solicitors or Counsel as appropriate to
the circumstances.
Before becoming a consultant David worked in the construction
contracting industry. He worked in a variety of posts mainly of a
commercial nature in major civil engineering and building projects. He
qualified as a QS and an Engineer before studying law to Master level and
becoming qualified as an arbitrator.
David’s involvement in procurement and contract strategy has increased
in recent years, as he has been extensively involved in advising parties on
their procurement strategy, contract formulation and contract
troubleshooting. This has entailed the restructuring of several large
contracts whilst in progress and also early contractor involvement before
contract award.
EXPERIENCE
David has extensive experience both in the construction industry where
he has held positions of considerable seniority and subsequently as a
consultant.
In the construction industry he held the position of Regional Commercial
Manager with one of the UK’s largest Civil Engineering and Building
Contractors, during which he was responsible for all commercial aspects
of the company’s trading in northern UK from tendering to final accounts
and claims settlement. This mainly involved working on major Civil
Engineering projects such as roads and bridges, railways, marine and
power generation.
By 1988 David was spending an increasing amount of his time resolving
disputes with this frequently involving delay analysis. He joined a preeminent dispute practice in the UK, to head up their forensic delay
business. Following 10 years service he moved on to two other dispute
practices before joining Hill International in 2006.
Although David spends a significant proportion of his time working on
Expert Witness commissions he is very much involved with live projects,
generally of the ‘troubled’ variety. For example, he is currently involved
with the construction of a railway project in Istanbul with an award value
of approximately €900m and disputes in excess of half that value. The
PROFESSIONAL MEMBERSHIPS:
Fellow of the Chartered Institute of
Arbitrators-Chartered Arbitrator
Fellow of the Chartered Institution of
Civil Engineering Surveyors
Fellow of the Institution of Civil
engineers
Member of the Royal Institution of
Chartered Surveyors-Chartered
Surveyor
Member of the Chartered Institute of
Purchasing and Supply
Member Academy of Experts
HONORARY APPOINTMENTS:
Previously
President ICES
Chairman ICES regional committee
Chairman ICES commercial
management board
Member ICE arbitration board
Member ICE adjudication and
conciliation board
Chairman ICE/ ICES joint commercial
management board.
DAVID CARRICK LLM, FCIArb, FICE, FInstCES, MRICS, MCIPS, MBAE
Senior Vice President
project is very much alive and ongoing with massive delays. David
manages the Hill team that prepares predictive and forensic programmes
and drafts referrals to the Dispute Adjudication Board.
AREAS OF EXPERTISE
Contractual advice, delay analysis, forensic investigation, claims quantum,
valuation, design, professional negligence and engineering quality and
performance.
Marine and docks, roads, bridges, structures, airports and runways,
tunnels, railways, water treatment, pipelines, power generation,
shipbuilding and conversion, exploration and production vessels,
buildings and building services.
PROFESSIONAL APPOINTMENTS
Appointment as expert
Over the last 15 years David has been appointed on around 25
occasions as expert witness in both arbitration and litigation. The
span of appointments has been wide and the following is a
representative sample. These appointments have been spread over a
range of civil engineering and building disputes and restricted to
matters of delay and quantum.
Dispute type
Large diameter welded steel water
pipeline involving issues such as
ground conditions, variations and
welding defects.
Tunnelling contract involving ground
conditions.
Motorway contract (design and
build) involving extensive roadworks
and bridges, side roads and
accommodation works. Damages
action for design deficiencies.
Process industry contract involving
HP steam main.
Effluent treatment
discharge pipeline.
works
and
Involvement
Analysis of delays.
Value
£6m
Analysis of delays
and calculation of
quantum.
Assessment
of
original
design
costings
and
quantities especially
earthworks.
Analysis of delays
and calculation of
quantum.
Analysis of delays
and calculation of
quantum.
£1.2m
£6m
£4m
£3m
DAVID CARRICK LLM, FCIArb, FICE, FInstCES, MRICS, MCIPS, MBAE
Senior Vice President
Deep diffused sewer outfall involving
design
changes
and
ground
conditions.
Expert
determination
involving
marine piling.
Building services subcontract in
prestigious London building involving
issues of integration and spatial
conflicts.
Reconstruction of fire damaged
building.
Marine works- new jetty construction
Building
reconstruction
with
extensive structural modifications
Major jetty concrete repairs
Earthworks measurement and delay
claims on motorway
Quantum
calculation.
£1.5m
Merits only report.
£450k
Delay analysis of all £5m
services.
Valuation
of
rebuilding costs.
Analysis of delays
and calculation of
prolongation.
Analysis of delays
Quantum
calculation.
Quantum
calculation.
Analysis of delays
and
Quantum
calculation.
Analysis of delays
and calculation of
quantum
Analysis of delays
Building
reconstruction
with
extensive structural modifications
involving historic buildings
Major suspension bridge structure
cable replacement involving complex
load transfer and traffic management
interfaces
Professional indemnity claim against Delay analysis.
designer of large football stadium.
This involved comprehensive analysis
of many thousands of matters
contended to have given rise to
critical and non critical delay.
£12m
£13m
£200k
£10m
£6m
£2.5m
£25m
£250m
Appointments as arbiter/ arbitrator
David has been appointed as arbiter or arbitrator on 12 occasions. The
following is a typical sample:
Dispute type
Outcome
Civil engineering dispute involving Settled
installation of aircraft refuelling and preliminary
Value
after £500k
DAVID CARRICK LLM, FCIArb, FICE, FInstCES, MRICS, MCIPS, MBAE
Senior Vice President
fire fighting facility on RAF base where
both valuation of variations and ground
conditions were contested.
Civil engineering dispute involving
urban relief road construction affected
by service diversions generally focusing
on delays.
meeting, debate
and part decree.
Preliminary
£750k
meeting, debate,
proof and full
decision
with
reasons.
Civil engineering dispute involving Preliminary
£400k
complex demolitions in congested meeting, proof and
harbour, marine installation of steel reasoned decision.
piles and composite deck.
Building dispute involving groundwork Preliminary
£400k
and roads for a warehouse facility meeting, proof and
generally relating to valuation of reasoned decision
variations.
on initial points.
Settled thereafter.
Vessel conversion involving issues of Two
debates £2m
internationality, jurisdiction, scope of decided
with
works and valuation of variations.
reasoned award.
Settled
before
proof.
International arbitration involving ring Settled
shortly Unknow
road in Gulf area where I was party after
debate n
appointed arbitrator.
decided
preliminary points.
Commercial dispute involving the Reasoned Decision In
termination
of
an
offshore given on merits
excess
management contract. I chaired a
of $50m
panel of 3 arbiters
International arbitration involving large Settled
after In
civil engineering project in Dubai
debate
and excess
reasoned decision
of $50m
Dispute on PFI roads contract
Settled
after
debate
on
preliminary
matters
Building dispute involving steel frame Concluded
with Merits
structure relating to design and reasoned decision. only
specification issues.
Appointments as adjudicator
David has had 30 appointments as adjudicator ranging in value from
£100k to over £3.5m. Ten of these appointments were via ICE (where he
DAVID CARRICK LLM, FCIArb, FICE, FInstCES, MRICS, MCIPS, MBAE
Senior Vice President
is registered as adjudicator) with the other three being by agreement
between the parties. In addition to these appointments David has been
responsible for the referral or defence of approximately 10 major
statutory adjudications. Most of these have been civil engineering or
heavy engineering disputes. Prior to HGCRA David was appointed on
more than 200 NEC or ECC adjudications.
Appointments as mediator or other ADR neutral
David has conducted 28 conciliations or mediations mainly using the ICE
procedures as a basis. Of these 26 have lead to a settlement on the day or
shortly afterwards; one has required a recommendation and one failed. In
addition he has successfully carried out six ad hoc mediations.
Non contentious appointments
In addition to those projects with which David has become involved at the
stage where a dispute had crystallised listed above, he has been involved
with a significant number of projects where no dispute existed or where a
contract was yet to be awarded. Some have amounted to an audit role
and some to facilitating partnering agreements. Some have involved PFI
and some PPP schemes. The following is a sample of these projects.
Investigation of complex group of contracts for Joint
the construction of a water treatment works and appointment by
subsequent restructuring.
lead contractor
and authority.
Confidential advice to bank on trading position of
construction company.
Investigation into cost overruns on prestigious Appointed
by
building contract. Subsequent renegotiation of building owners.
contract and financial control.
Advice on use of NEC/ECC contracts for Drafting
and
pharmaceutical company
workshops with
potential
contractors.
Partnering workshops.
Roads maintenance and renewable materials Drafting contracts
procurement advice
Roads maintenance contract procurement.
Advice
on
strategy.
DAVID CARRICK LLM, FCIArb, FICE, FInstCES, MRICS, MCIPS, MBAE
Senior Vice President