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My First, alternative dispute resolution (ADR) processes experience is while I was working as project controls lead between 2010 – 2013 for Musaffah Water Transmission Scheme project in United Arab Emirates.
It was a FIDIC Red book EPC contract with a contract amount of 210 Million USD. I was working for the Main contractor, Aydiner Emirates Constructions, the Client was Abu Dhabi Transmission and Despatch Company (TRANSCO), the Engineer was Khatib & Alami Co.
I will describe my duty for one of the Extension of Time Claims (EOT). There were significant amount of time and cost delays due to late approval of the variations, land handovers and design changes. I have conducted a window analysis-based delay analysis. Based on the delays we have calculated direct and indirect LD costs as well. Also, with the inputs by our consultant a claim file’s narrative prepared while all analysis gathered under the claim.
Unfortunately, we could not agree on EOT entitlement with the Engineer and the Client. After several meetings and discussions, we, the parties were not able to agree on the extension of time. As both parties could not agree, the Consultants suggested to proceed with an alternate dispute resolution method; mediation or arbitration instead of a court hearing as it will be cost and time effective for both parties. While the discussions were o going, I have attended a workshop on "Arbitration in Construction" at BIG 5 by UAE Society of Engineers.
Dispute mediation option is agreed by both parties. Both parties suggested mediators and it is agreed on a Mediator with a civil engineering background in Emirates. Mediator chaired three sets of hearings where I was presented at all the hearings and part of the main contractor team who prepared the presentations and arguments.
The Mediator’s advice was; there were concurrent delays which there should not be an extra cost for those delays and only 3 months of claim would be entitled with cost as there were no concurrency
Country of Residence: Tanzania
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