FIDIC Adjudicators Search - Mr. Malcolm Kelly

First Name
Malcolm
Last Name
Kelly
Global Regions
Europe & Central Asia, Middle East & North Africa, Sub-Saharan Africa
Country Residence
United Kingdom
Citizenship
Educational Qualifications
BSc Mathematics – Open University, UK
Higher National Certificate – Civil Engineering, City University, UK
Post Graduate Diploma in Arbitration, Reading University, UK
Professional qualifications
Chartered Civil Engineer, United Kingdom
Member of Institution of Civil Engineers - United Kingdom
Fellow of Chartered Institute of Arbitrators - United Kingdom
Current employment status
Consultant - Available for appointments worldwide and willing to travel as required.
Particular technical expertise
Building and Civil Engineering, Infrastructure, Railways, Bridges, Marine Civil Engineering, Power / Energy, Road and Storm water Defence Works, Waste Treatment and Pumping Plant
Languages
English
Present position
Self- Employed Consulting Engineer, UK based, 2003 to present
Positions held
Member Dispute Resolution Board Foundation
Fellow of Dispute Board Federation
Consultant Contract and Claim Advisor for numerous contracts for €multi-billion Power Station Project in South Africa under FIDIC Red, Yellow and Short Form. Includes FIDIC and DAB training sessions and tender evaluations. Preparation of Particular Conditions, Employers Requirements, Specifications and tender dossier. Preparation of Engineer’s 3.5 Determinations. Preparing, presenting and defending claims on behalf of Employer. Presenting to DAB. 2007 – Present Consultant Auditor for State Audit Bureau, with respect to Claims and Variations Procedures for $13 billion new Airport in Qatar. Bespoke Contract. Similar for $2 billion Sewage Treatment Project. Audit on procedures for various highway projects. 2008 – Present

Consultant FIDIC Expert for world-wide funding agency advising on all aspects of FIDIC forms especially in relation to claims and contract interpretation. 2009 – Present.

Consultant Contract Adviser for 2 No €multi M schemes in Zagreb for Water Supply and Waste Water Treatment. Preparation of tender dossier and subsequent tender evaluation EDF and FIDIC MDB. 2008 – 2009.

Consultant acting as Key Observer for EU prior to and during tender evaluations and presenting concluding report to EU for several highway projects in Kenya. EDF – 2008

Consultant Contract and Commercial Adviser for 2 major United Kingdom motorway widening schemes worth €700 M and €150 M. Also responsible for confidential audits on Contractor and Consultant rates and overheads. NEC (ECI) 2005 – 2010

Consultant Contract Advisor for $5 billion widening of the Panama Canal regarding preparation of tender documents including Conditions of Contract and Employer’s Requirements FIDIC 1999 Yellow 2007

Consultant Project Director for EU Framework Contract controlling all contracts worldwide for PB Consortium. Resolution of numerous issues, peer review of reports, managing commercial and contract issues. EDF, FIDIC 2004 – 2008

PB Ltd, Consulting Engineers based in United Kingdom 1994
Mediator
Dispute resolution experience
FIDIC Appointment as Sole Member Dispute Adjudication Board in Lebanon for Greater Beirut Water Supply Project – Tunnels and Transfer Lines. FIDIC MDB Harmonised Edition: 2018 - Present

Member of DB for 1 of 3 large contracts for new bridge and Border Posts in Zambia and Botswana. FIDIC MDB Harmonised Edition. 2017 to Date.

FIDIC Appointment as Sole Member Dispute Adjudication Board in Macedonia for Ad-Hoc Adjudication for Rail Improvement Project. FIDIC Conditions of Contract for Construction, First Edition 1999. 2017 – Date [Complete this year]

Sole Member DB for Water Supply Rehabilitation for Lusaka in Zambia FIDIC MDB 2005. April 2016 – Date – [Complete this year]

Member of 3 man DB in The Gambia for $66 M bridge to Senegal; FIDIC MDB 2016 – Date [Complete late this year]

Sole Member DAB for 2 Highway Projects in Romania. FIDIC Yellow. 2015 – May 2017

Sole Member DB in Uganda for 104 km road rehabilitation project. FIDIC MDB. 2015 – Date
Member of DAB in Namibia for major project of Construction of Dam and Bulk Water Supply – FIDIC 2014 - Date

FIDIC Appointment as Sole Member Dispute Board for Rehabilitation of Sewerage System in Romania – FIDIC 2014 - Date

FIDIC Appointment as Sole Member Dispute Adjudication Board in Bulgaria for Ad-Hoc Adjudication for Integrated Water Supply Projects. FIDIC Conditions of Contract for Construction, First Edition 1999. 2013 - Date

Member Dispute Adjudication Board for 4 highway projects in Belarus. FIDIC Construction Contract MDB Harmonised Edition 2005 – 2012 to 2013

Sole Member Dispute Adjudication Board in Romania for Ad-Hoc Adjudication for Waste Disposal and Water Supply Projects. FIDIC Conditions of Contract for Construction, First Edition 1999. 2011

Chairman Dispute Adjudication Board in Tanzania for major road rehabilitation. FIDIC Conditions of Contract for Construction, First Edition 1999. 2010 - 2014

Chairman Dispute Review Board for major new motorway in Swaziland. FIDIC 4th Edition 1987 (1992 Reprint) with 1996 Supplement for Dispute Resolution.

Member Dispute Adjudication Board for Section of large motorway in Romania. FIDIC Conditions of Contract for Construction, First Edition 1999.

Member Dispute Adjudication Board for further Section of large motorway in Romania. FIDIC Conditions of Contract for Construction, First Edition 1999

Member Dispute Adjudication Board for Section of large expressway in Romania. FIDIC Conditions of Contract for Construction, First Edition 1999.

Sole Member Board for Rehabilitation of highway Project, Estonia, FIDIC Conditions of Contract for Construction and Engineering Works, First Edition 1999.

Sole Adjudicator for several infrastructure projects in the UK. JCT Contracts. 1998 to 2003

Sole Adjudicator for earthworks dispute in connection with new Power Station in South Africa. NEC 2. 2010

Expert Witness in major arbitration concerning airport in UK. ICE 6th Edition.
Expert Witness of Fact as the Engineer in major arbitration concerning several issues in connection with a new Power Station in England, ICE 6th Edition. 1998 to 2004

Expert Witness of Fact as the Engineer’s Representative in major arbitration concerning an earthworks dispute for a major highway in England. ICE 5th Edition. 2004

Consultant for Funder regarding a major highway construction project in Nicaragua, FIDIC 1999. 2010 to 2011

Consultant for the Employer; in arbitration for dispute in new Road Contract, Wales under ICE 5th Edition; in arbitration for dispute in motorway contract in UK; in nine adjudications for several disputes in connection with a new Power Station in North Wales, ICE 6th Edition. 2000 to 2005

Acting as the Engineer or Project Manager; for numerous motorway, highway and bridge projects in UK, ICE 5th and 6th and NEC1 and 2; for several highway and building contracts in Eastern Europe, FIDIC 1999. 1995 to 2004
Country(ies)
Estonia, Hungary, Kenya, Malawi, Nicaragua, Romania, South Africa, Swaziland, Turkey, United Kingdom
Other panel listings
Dispute Board Federation – Geneva
Conflict Avoidance Panel (CAP) for TfL- London
Publications
Presented seminars and workshops on FIDIC and other contracts and claims; The Role of the Engineer; Adjudication in the UK; Dispute Boards in UK, South Africa, Kenya, Uganda and Malawi, Claims and Dispute Management in Uganda.
Provided training in UK, Africa and India.
Mentoring