FIDIC Adjudicator Details

International Client Manager

Henry  Musonda

  Country of residence: Zambia

  Citizenship: Zambian

  www.acez.co.zm

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Countries with experience

Other countries with experience:

Global regions

  • West Europe
  • Sub Sahara Africa

Languages spoken

  • English

Other languages spoken: Bemba - Zambian

Construction contract experience

  • Construction Contract 2nd Ed (2017 Red Book)
  • Construction Contract, 1st Ed (1999 Red Book)
  • Construction Contract, MDB Harmonised Ed, June 2010
  • Design-Build-Operate Contract, 1st Ed 2008
  • EPC/Turnkey Contract 2nd Ed (2017 Silver Book)
  • EPC/Turnkey Contract, 1st Ed (1999 Silver Book)
  • Plant & Design-Build Contract, 1st Ed (1999 Yellow Book)
  • Plant and Design-Build Contract 2nd Ed (2017 Yellow Book)
  • Short Form of Contract, 1st Ed 1999

Consultancy contract experience

  • Client-Consultant Agreement (White Book), 4th Ed 2006
  • Client-Consultant Agreement (White Book), 5th Ed 2017
  • Model Joint Venture (Consortium) Agreement 2ND Edition (2017)
  • Model Representative Agreement, 1st Ed 2013
  • Sub-Consultancy Agreement, 1st Ed 1992

Specialist contract experience

  • Construction Subcontract, 1st. Ed. 2011

Other contract experience

  • FIDIC Interim Accredited Trainer – FIDIC 1999 and 2017 Contract Suite
  • CIArb Accredited Trainer – ‘ Introduction to Arbitration’.
  • FIDIC Interim Accredited Trainer – FIDIC 1999 and 2017 Contract Suite
  • CIArb Accredited Trainer – ‘ Introduction to Arbitration’
  • Regular presenter at the annual FIDIC Africa Users conferences on Dispute Resolution
  • DABs and DAABs
  • Claims
  • Role of the Engineer

CV - Services offered

  • Arbitration
  • Adjudication
  • Mediation
  • Conciliation
  • Technical expert
  • Contract Expert/specialist
  • Independent expert
  • Expert witness

Technical expertise

  • Building - domestic
  • Building - commercial
  • Building - industrial
  • Building services - water
  • Civil Engineering - Site Investigation
  • Civil Engineering - Foundations and Subsidence/Settlement
  • Civil Engineering - Land Drainage & Dewatering
  • Civil Engineering - Retaining Walls
  • Civil Engineering - Dams and reservoirs
  • Civil Engineering - other
  • Construction law
  • Environmental issues
  • Geotechnics and foundations
  • Infrastructure, Railways, Bridges
  • Metro railway and stations
  • Road and highways - Planning, Layout and Design
  • Road and highways - bridges and car parks
  • Road and highways - other
  • Rail - Infrastructure Engineering and Maintenance
  • Water - drainage and sewerage
  • Water - Water Supply
  • Water - Water Treatment
  • Water - Sewerage
  • Water - Sewage Treatment
  • Waste Water - Treatment and Pumping Plant
  • Waster Water - treatment/distribution
  • Claims and variations

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

Short summary experiences

[1985 – ongoing] Kiran & Musonda Associates, Consulting Engineers, Projects Director Mr Musonda has more than 34 years of relevant practical and professional in Zambia, SADC and African region & the U. K. responsible for all aspects of management, administration, planning, coordinating, quality assurance & control technical/environmental studies, surveys, designs. He has worked as projects engineer and director/Team Leader and this has allowed him to gain an in-depth knowledge of vast commercial aspects of infrastructure, responsible for Preparation of specifications, tender and contract documents for European Development Funds (EDF), World Bank, DANIDA, BADEA, AfDB funded projects using various bespoke, NEC and FIDIC conditions of contract. His experience also includes construction supervision and contract administration, financial control of contract claims up to the Final Completion statements, certification, claims management and adjudication, programme and progress monitoring. Also acted as the Engineer in terms of the FIDIC conditions of contract. Involved in claims and disputes resolution, including interaction and submissions to single and three member Disputes Review Board of international experts. Has assisted with preparation for domestic & international arbitrations held under the Zambia (2000) and UK 1996 Arbitration Acts. Projects Director: Detailed Design and Construction Supervision include - Rehabilitation of 110 km of Urban and 173 Trunk Roads (2011) with 5No bridges of spans 3X40, 220m, 160m. Cost of works at US$ 185.0 million; New shopping mall, Kitwe, IOC sports complex Lusaka, border posts, new industrial parks with related road infrastructure, Upgrade of existing breweries for SAB Millers, Zambia. Project also includes a water treatment works, pump stations, delivery pipeline and access roads. Total Estimated cost of works exceeding US$ 1.0 billion; Construction supervision of a 320m pre-stressed concrete bridge, approach embankments and road

Position and experience

Acredited mediator: Yes
Acredited arbitrator: Yes

Employment status:
Present position: Managing Director
Previous positions: Projects Director, , , , , , , , ,

Experience

  • January to October 2015 –Sole Mediator on the Kigali Convention Centre involving multiparty disputes – Employer
  • Consultant and Contractor – approximately USD 97.0 million CLAIMS. Negoatiations held
  • International Arbitration 2017 - 2018: Sole Arbitrator - Galaxy Engineering Design Consultants (PVT) Ltd Vs Zimbabwe National Water Authority; BFC Vs Millennium Challenge Account Zambia; Chairman
  • Active Measures Vs Chambishi Metals
  • Zambia; Member– Arbitral Tribunal Earthrow Investments Vs Rural Electrification Authority: Chairman – Arbitral Tribunal
  • 2009 ongoing: Sole DRE/Dispute Board Appointments - various projects
  • Technical Audit Experience Participated (part-time) in review of Technical Audits for donor
  • government and private funded road projects in Zambia
  • Botswana and Uganda
  • [1985 – ongoing] Kiran & Musonda Associates
  • Consulting Engineers
  • Projects Director
  • 1989 to 1990: Arup Zambia Consulting engineers
  • Project Engineer
  • 1988 – 1989: Ove Arup & Partners
  • London

Affiliations/Memberships

  • Fellow of the Chartered Institution of Arbitrators (FCIArb)
  • Fellow of the Engineering Institution of Zambia (FEIZ)
  • Member of the Association of Consulting Engineers of Zambia (MConsEZ)
  • Member of the Association of Arbitrators of Zambia (MAAZ)

Panel listings

  • Listed on FIDIC President’s list of International Adjudicators [2006]
  • FIDIC Interim Accredited Trainer
  • Listed on DRBF President’s list of International Dispute Resolvers (USA)

Qualifications, jurisdiction and discipline

  • University of Zambia (1985) - BEng degree in Civil Engineering
  • Certificate of Competence - Confederation of British Industries
  • (CBI
  • 1988-89)
  • University of Zambia - MEng in Construction Management (2008)
  • University of Aberdeen
  • Scotland (2014) – MSc Construction Law & Arbitration