FIDIC Adjudicator Details

International Client Manager

Malcolm  Kelly

  Country of residence: United Kingdom

  Citizenship: British

  www.[email protected]

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Countries with experience

Other countries with experience: Swaziland

Global regions

  • South Asia
  • East Europe
  • West Europe
  • Middle East
  • Central Asia
  • Sub Sahara Africa
  • Caribbean

Languages spoken

  • English

Construction contract experience

  • Construction Contract, 1st Ed (1999 Red Book)
  • Construction Contract, MDB Harmonised Ed, June 2010
  • EPC/Turnkey Contract, 1st Ed (1999 Silver Book)
  • Plant & Design-Build Contract, 1st Ed (1999 Yellow Book)
  • Short Form of Contract, 1st Ed 1999

Consultancy contract experience

  • Client-Consultant Agreement (White Book), 4th Ed 2006

Specialist contract experience

  • Not applicable - none of the above

Other contract experience

  • Preparation of Contract Documents

CV - Services offered

  • Arbitration
  • Adjudication
  • Conciliation
  • Contract Expert/specialist
  • Expert witness

Technical expertise

  • Airports - air-side
  • Building - commercial
  • Civil Engineering - Dams and reservoirs
  • Civil Engineering - other
  • Construction law
  • Cost engineering (QS)
  • Energy & Power - Fossil Fuel Systems
  • Energy & Power - CHP and district Heating
  • Infrastructure, Railways, Bridges
  • Road and highways - Planning, Layout and Design
  • Road and highways - bridges and car parks
  • Road and highways - other
  • Rail - other
  • Waste Disposal - Solid Waste Management
  • Water - drainage and sewerage
  • Water - Water Supply
  • Claims and variations

  • Extension of time
  • Project scheduling
  • Defects
  • Failure investigations
  • Technical issues

Short summary experiences

Apart from my experience as an adjudicator and/or Dispute Board Member set out below my experience for the last 30 years or so has been concerned with contract administration as a Resident Engineer, Engineer's Representative or the Engineer. Additionally, I have provided expertise to organisations in terms of audits, contract advice and resolution of disputes and claims. _x000D_ As the Engineer, for several Contracts, the largest of which was for some 30 separate FIDIC Contracts for construction of a power station in S. Africa. Additionally, I was the Engineer for 2 CHP Power Plants in the UK involving input to and attendance at adjudications and arbitrations._x000D_ Apart from attendance at and giving evidence in relation to a major earthworks arbitration arising from a contractor/sub-contractor dispute, all other expert's witness input have generally been settled prior to trial or arbitration._x000D_ My extensive experience as a Contract Administrator has been generally for Consulting Engineering Companies or Government bodies both in the UK and Overseas. Of necessity, this role encompassed technical and commercial matters with a high responsibility for achieving acceptable outcomes. _x000D_ In addition I have presented seminars on FIDIC, the role of the DAB or the Engineer, Contracts and claims and have mentored young trainees.

Position and experience

Acredited mediator: No
Acredited arbitrator: No

Employment status:
Present position: Director of M Kelly Consulting Ltd
Previous positions: Consultant Contract and Claim Advisor Various Contract Forms, The Engineer for power stations in UK and S Africa (FIDIC), Contract Administrator in UK and Overseas on FIDIC and other Forms of Contract, Engineer's Representative for numerous contracts including FIDIC, Contract Advisor for $5 billion Panama Canal widening, Consultant Contract and Commercial Advisor for 2 UK motorway widening schemes, Consultant Contract Advisor for 2 multi-million $US water supply schemes in Croatia, Engineer responsible for preparation of Contract Documents, Consultant Project Director for EU world-wide Framework Contracts,

Experience

  • Sole Member DAB
  • or DB
  • Chairman of DRB
  • DB and DAB in FIDIC Contracts
  • Member of 3-Person DAB and DB FIDIC Contracts
  • Advocate for Employer in DAB in S.Africa
  • As The Engineer for FIDIC and other forms of Contract
  • Engineer's Representative for various forms of Co
  • Expert Witness of Fact as the Engineer in major Arbitration
  • Expert Witness for earthworks dispute at airport in UK
  • Expert Witness of Fact concerning major earthworks dispute in the UK
  • Extensive involvement in project Adminstration as Engineer's Representative or RE

Affiliations/Memberships

  • Member of Institution of Civil Engineers - UK
  • Fellow of Chartered Institute of Arbitrators

Panel listings

  • FIDIC President's List of Adjudicators
  • Fellow of Dispute Board Federation

Qualifications, jurisdiction and discipline

  • Chartered Civil Engineer UK
  • BSc - Mathematics
  • HNC - (BSc equivalent) - Civil Engineering UK
  • Post Graduate Diploma i Arbitration UK