FIDIC Adjudicator Details
International Client Manager
Fortune Murata
Country of residence: Malawi
Citizenship: Zimbabwean
https://www.ace-engineers.net
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Countries with experience
Other countries with experience:
Global regions
- Sub Sahara Africa
Languages spoken
- English
Construction contract experience
- Construction Contract 2nd Ed (2017 Red Book)
- Construction Contract, 1st Ed (1999 Red Book)
- Construction Contract, MDB Harmonised Ed, June 2010
- Short Form of Contract, 1st Ed 1999
Consultancy contract experience
- Client-Consultant Agreement (White Book), 4th Ed 2006
- Sub-Consultancy Agreement, 1st Ed 1992
Specialist contract experience
- Construction Subcontract, 1st. Ed. 2011
CV - Services offered
- Arbitration
- Adjudication
- Mediation
- Contract Expert/specialist
- Independent expert
Technical expertise
- Building - industrial
- Building services - water
- Civil Engineering - Site Investigation
- Civil Engineering - Foundations and Subsidence/Settlement
- Civil Engineering - Land Drainage & Dewatering
- Civil Engineering - River & Flood Control
- Civil Engineering - Tunnelling and piling
- Civil Engineering - Retaining Walls
- Civil Engineering - Dams and reservoirs
- Construction law
- Cost engineering (QS)
- Environmental issues
- Geotechnics and foundations
- Water - Water Supply
- Water - Water Treatment
- Water - Sewerage
- Water - Sewage Treatment
- Water - Flooding and Drainage
- Waste Water - Treatment and Pumping Plant
- Waster Water - treatment/distribution
-
Claims and variations
- Extension of time
- Project scheduling
- Technical issues
Short summary experiences
Lilongwe Water Board and SAWA Group/Metito Joint Venture /the “Parties”) entered into a contract dated 9th September 2022 (the ‘Contract’) for the Construction of Lilongwe Water Board Treatment Works III, to be performed in Lilongwe, Malawi. The Contract provides that the Parties must refer their disputes to a Dispute Avoidance / Adjudication Board under the FIDIC Dispute Board Rules (the ‘Rules’). I was appointed to serve as a sole DAAB Member for this contract. The Tripartite Dispute Avoidance/Adjudication Agreement between the Parties and myself was signed in December 2022. The Project is funded by the European Investment Bank (EIB) and the Contract Price is €24.2 million. The Contract Forms for execution of Works are the FIDIC “Red Book” 2017 edition. To date I have assisted the Parties to avoid a potential dispute on the “Commencement Date” by providing clarifications on the status of the Performance Security and Advance Payment Security as pre-conditions for fixing the Commencement Date and submission of Advance Payment application by the Contractor.
Lilongwe Water Board and Unik Construction entered into a contract dated 12th December 2022 (the ‘Contract’) for the Construction of Lilongwe Sanitation Project, to be performed in Lilongwe, Malawi. The Contract provides that the Parties must refer their disputes to a Dispute Avoidance / Adjudication Board under the FIDIC Dispute Board Rules (the ‘Rules’). I have been requested by the Parties to serve as a sole DAAB Member for this contract. Finalisation and signature of the Tripartite Dispute Avoidance/Adjudication Agreement between the Parties and myself is currently in progress. The Contract Forms for execution of Works are the FIDIC “Red Book” 2017 edition.
Position and experience
Acredited mediator:
Yes
Acredited arbitrator: Yes
Employment status:
Present position: Managing Director, ACE Engineers Ltd
Previous positions: Project Manager & Resident Engineer (2018 - 2022) - Kamuzu Dam Raising Project - MALAWI, Team Leader & Resident Engineer - Bwanje Valley Dam Project (2016 - 2018) - MALAWI, Contract Manager, Bagatelle Dam Project (2012 -2016) - Mauritius, Resident Engineer & Deputy Team Leader - Lower Usuthu Smallholder Irrigation Project (2004 - 2011) - Eswatini, Design & Construction Engineer - Coyne er Bellier Consulting Engineers (1994 - 2003) - Zimbabwe, Design & Construction Engineer - Stewart Scott Zimbabwe - 1993, Design & Construction Engineer, Ministry of Water Development - Zimbabwe (1987 - 1992)
Acredited arbitrator: Yes
Employment status:
Present position: Managing Director, ACE Engineers Ltd
Previous positions: Project Manager & Resident Engineer (2018 - 2022) - Kamuzu Dam Raising Project - MALAWI, Team Leader & Resident Engineer - Bwanje Valley Dam Project (2016 - 2018) - MALAWI, Contract Manager, Bagatelle Dam Project (2012 -2016) - Mauritius, Resident Engineer & Deputy Team Leader - Lower Usuthu Smallholder Irrigation Project (2004 - 2011) - Eswatini, Design & Construction Engineer - Coyne er Bellier Consulting Engineers (1994 - 2003) - Zimbabwe, Design & Construction Engineer - Stewart Scott Zimbabwe - 1993, Design & Construction Engineer, Ministry of Water Development - Zimbabwe (1987 - 1992)
Experience
- Sole DAAB Member – Water Treatment Works Contract - Lilongwe - MALAWI
- Sole DAAB Member – Sanitation Project - Lilongwe - MALAWI
Affiliations/Memberships
- Chartered Civil Engineer duly registered with the Institution of Civil Engineers (U.K) and the Engineering Council (U.K) on 22nd February 2008 - Registration No. 569500
- (CEng
- MICE)
- Member of the Council of Registered Professional Engineers of Mauritius
- duly registered on - 09th March 2012 - Registration Number 1289
- (MCRPE)
- Registered Professional Civil Engineer with Malawi Engineering Institution
- Registration Number ERC/MR/02/779
- Affiliate Member of the International Federation of Consulting Engineers (FIDIC)
- Licensed Dispute Board Practitioner and Member of the Dispute Resolution Board Foundation (https://www.drbf.membersclick.net
- Associate Member of the Chartered Institute of Arbitration
- Member of the Irrigation Institute of-"'South Africa
- duly registered on 05th November 2008. Registration No. 0124
- (MSABI).
Panel listings
- Certified Adjudicator registered on FIDIC President's List
- Licensed Dispute Board Practitioner and Member of the Dispute Resolution Board Foundation (https://www.drbf.membersclick.net)
- Associate Member of the Chartered Institute of Arbitration
Qualifications, jurisdiction and discipline
- MSc Construction Management (2018) - University of West England
- Master of Business Administration (2008) - Management College of Southern Africa
- Diploma in Construction Disputes Adjudication (2020)- Royal Institute of Chartered Surveyors (RICS) - UK
- Certificate in Construction Contract Law & Administration (2010) - Liverpool John Moore University
- Certificate in Avoiding and Resolving Contractual Disputes (2022) - Chartered Institute of Arbitration
- Certificate in Practice and Procedures for Dispute Adjudication Boards (2020) - FIDIC Academy
- Certificate in Management and Administration of FIDIC Contracts (2020) - FIDIC Academy
- Certificate in Claims Management and Dispute Resolution (2020) - FIDIC Academy
