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AUTUMN 2018 NEWSLETTER
1 | P a g e
EDITORS COMMENTS
As the month of September draws to a close it
seems an ideal time to share Hanscomb
Intercontinental’s newsletter as many of our
friends and clients return from their summer
holidays.
A lot has happened within the company over
the last twelve months with substantial
investment in the service offerings and
commitment to sustained growth by the
directors and shareholders.
Our new website will be up and running in the
next few months and our closure of the
Gibraltar office and opening of two new United
Kingdom offices has progressed very smoothly.
We have entered into a strategic supplier
agreement with a number of international
serviced office providers and can deploy a
team any size in any city of the world within
twenty-four hours.
Our adjudication services are being regularly
used in the United Kingdom and also overseas
and to further support clients we are able to
offer peer reviews of others work by practising
adjudicators to ensure that the best possible
case is made for the client before disputes are
referred.
Thomas Johnson
thomasjohnson@hanscombintercontinental.com
COMPANY WELCOMES RETURN OF
DIRECTOR
The Company welcomes the return of Sean
Sullivan Gibbs as a full-time executive
director.
Sean brings over thirty years’ experience in the
construction and engineering industries, is a
Chartered Quantity Surveyor and supports the
delivery of dispute resolution and quantum
expertise across the company.
Sean holds Fellowships with the Chartered
Institute of Arbitrator’s, The Royal Institute of
Chartered Surveyors, Chartered Institute of
Civil Engineering Surveyors, Chartered
Institute of Building and was called to Bar of
England and Wales in 2017 by the Middle
Temple. He is actively involved with many
professional bodies and is currently a regional
convenor for the Society of Construction Law
(UK), a committee member of the Chartered
Institute of Arbitrators Western Branch and
Chartered Institute of Civil Engineering
Surveyors South West and South Wales
branch.
Sean is also a practising adjudicator , arbitrator
and quantum expert.
www.hanscombintercontinental.com
AUTUMN 2018 NEWSLETTER
2 | P a g e
SPONSORHSIP OF THE SOCIETY OF
CONSTRUCTION LAW 8TH
INTERNATIONAL CONFERENCE
Hanscomb Intercontiental have sponsored the
Society of Construction Law’s 8th
international
construction law conference. The conference
is being held at the Palmer House Hotel
Chicago from the 26th-28th September 2018
and follows on from the successful conference
held in Delhi in 2017.
Since its foundation in 1983, the Society of
Construction Law has worked to promote for
the public benefit education, study and
research in the field of construction law and
related subjects (including ADR, arbitration
and adjudication), both in the UK and overseas.
The Society has over 3,000 members from all
sectors of the construction industry. While
originally from the UK, the SCL now has
sections around the world. In 2017 a major
milestone was achieved, and the final gap in
the global SCL network was closed, with the
founding of the North American Society of
Construction Law.
Hanscomb Intercontinental’s director Sean
Sullivan Gibbs will be the track host for the
panel taking place on the 27th
September 2018
that will be discussing the topic ‘Tensions
Between Lawyers And Experts (Wherever In
The World You May Be)’.
The panellists comprise Sean Brady managing
director of Brady Heywood Pty Ltd, Janine
Stewart partner at Minter Ellison Rudd Watts,
Stephen Price partner at Minter Ellison Rudd
Watts and Simon Braithwaite senior Director
of FTI Consulting.
Law Rocks Chicago is also taking place at
Lincoln Hall on the Thursday evening of the
conference and this is one of the main social
events of the conference.
Further information about the conference and
details on booking can be found on the
website of the Society of Construction Law
North America.
https://www.scl-na.org/events/8th-
international-society-construction-law-
conference-registration-now-open
www.hanscombintercontinental.com
AUTUMN 2018 NEWSLETTER
3 | P a g e
HANSCOMB SIGNS UP TO THE
CONFLICT AVOIDANCE PLEDGE
Hanscomb Intercontiental have signed up to
the conflict avoidance pledge. The Conflict
Avoidance Pledge made by Hanscomb
Intercontiental is :
"We believe in collaborative working and the
use of early intervention techniques
throughout the supply chain, to try to resolve
differences of opinion before they escalate into
disputes.
We recognise the importance of embedding
conflict avoidance mechanisms into projects
with the aim of identifying, controlling and
managing potential conflict, whilst preventing
the need for formal, adversarial dispute
resolution procedures. We commit our
resources to embedding these into our
projects.
We commit to working proactively to avoid
conflict and to facilitate early resolution of
potential disputes.
We commit to developing our capability in the
early identification of potential disputes and in
the use of conflict avoidance measures. We will
promote the value of collaborative working to
prevent issues developing into disputes.
We commit to work with our industry partners
to identify, promote and utilise conflict
avoidance mechanisms."
If you would like more information about the
RICS backed scheme please follow the link
shown below.
http://www.rics.org/uk/join/member-
accreditations-list/dispute-resolution-
service/conflict-avoidance-pledge/
SECOND EDITION OF
INTRENATIONAL CONSTRUCTION
CONTRACT LAW DUE FOR RELEASE
Lukas Klee’s second edition of International
Construction Contract Law will be released
later in the year. Hanscomb Intercontiental’s
director, Sean Sullivan Gibbs is one of the 101
co-authors that have contributed to the book.
The co-authors have been drawn from a wide
range of expertise and include Rupert Choat a
www.hanscombintercontinental.com
AUTUMN 2018 NEWSLETTER
4 | P a g e
barrister form Atkins Chambers, Rob Horne a
partner with law firm Osborne Clarke,
Coenraad Snyman a lawyer from South Africa
in private practice and Christopher Miers a
director with expert advisory firm Probyn
Miers.
The publisher Wiley Blackwell are taking orders
for the book before it is released.
https://www.wiley.com/en-
us/International+Construction+Contract+Law
%2C+2nd+Edition-p-9781119430520
UK ADJUDICATION SERVICES
Hanscomb Intercontiental have been
supporting parties in adjudications since the
company was first incorporated. The statutory
scheme has now been in force for the last
twenty years and the company has gained
substantial experience acting for both referring
parties and responding parties.
The team at Hanscomb Intercontiental are
used to working under both scheme and non-
scheme adjudications and with all the standard
forms of contract used in the United Kingdom
such as the JCT suite, NEC suite , FIDIC suite,
ICHME suite.
The support provided to parties’ ranges from
pre-advisory, through to drafting and then
undertaking oral and written advocacy on
behalf of the instructing party.
As well as the conducting of adjudications our
expert advisory team regularly support parties
and lawyers in adjudications by preparing
expert reports and appearing before
adjudicators to provide expert testimony.
Areas where we have had numerous
instruction include quantum, forensic
accounting, planning & scheduling and delay
analysis.
Our teams are multi-disciplinary and comprise
engineers, chartered surveyors, chartered
builders, planners and unlicensed barristers.
As can be expected from a large multi-
disciplinary team our members hold various
memberships and fellowships with the:
• Royal Institute of Chartered Surveyors
• Chartered Institute of Building
• Chartered Institute of Arbitrators
• Inns of Court
• Chartered Institute of Civil Engineering
Surveyors
• Institute of Civil Engineers
• Association of Project Management
• Institute of Chemical Engineers
• Offshore Engineering Society
• Dispute Resolution Board Foundation
• Society of Construction Law
• Adjudication Society
• International Bar Association
Hanscomb Intercontinental also have
adjudicators available for appointment or to
provide opinions on documents prior to
submission.
www.hanscombintercontinental.com
AUTUMN 2018 NEWSLETTER
5 | P a g e
FIDIC DAB / DAAB SUPPORT
SERVICES
Hanscomb Intercontinental and its team
members have worked with the FIDIC suite of
contracts in the United Kingdom and across the
continents of Europe, Asia, Africa, Americas,
Australasia and the Middle East.
Whilst most contracts in the Middle east
exclude the use of dispute boards they remain
popular globally. Hanscomb Intercontinental
team members have advised Contractors,
Employers and Engineers under various forms
of FIDIC and also provided expert reports and
expert testimony before tribunals.
Our team also draft claims and replies and then
undertake oral and written advocacy on behalf
of parties.
Senior members of the team are available to
be appointed as dispute Board Members.
PROJECT SERVICES FOR THE
OFFSHORE WIND INDUSTRY
Hanscomb Intercontinental’s project services
team have been busy for the last ten years
supporting the offshore wind industry in
European territorial waters.
As the wind industry has grown and developed
Hanscomb Intercontinental has been actively
supporting it through initial bidding phases,
through procurement, construction and into
commissioning and close out.
Services provided include
- Contracts & Contracting Strategies
- Procurement
- Commercial Management
- Project Controls
- Extension of Time
- Claims
EXPERT SERVICES
Hanscomb Intercontinental’s expert services
offering has grown since the company was first
founded.
Hanscomb Intercontinental’s experts provide
advisory as well as expert witness services to
the construction and engineering and
www.hanscombintercontinental.com
AUTUMN 2018 NEWSLETTER
6 | P a g e
industries. Whilst the core offerings cover
quantum, forensic accounting and delay
analysis other expert services have been
provided by the company such as civil
engineering .
Another package offered is exert witness
project management where Hanscomb
Intercontinental become a one stop shop for a
range of inhouse and contracted out expert
witnesses taking pressure off client and lawyer
and alike.
All forms of dispute resolution are supported
including negotiation, conciliation, mediation,
adjudication, dispute board, expert
determination, arbitration and litigation.
UK ADJUDICATORS DINNER
The UK Adjudicators adjudicator nominating
body will be holding a dinner at Loch Fyne
restaurant in Bristol the evening of the 7th
November 2018 7.00pm for 7.30pm on the eve
of the Adjudication Society annual conference.
Hanscomb Intercontinental directors will
there, if you would like to attend please email
sean.gibbs@hansocmbintercontinetal.co.uk
THE FIDIC RAINBOW SUITE GROWS
Those familiar with the FIDIC rainbow suite of
1999 welcomed new additions in the following
years culminating in the release of the second
editions of the Red, Yellow and Silver books in
2017. As the industry starts to embrace these,
the FIDIC Contract Committee have been
working diligently producing new forms of
contract and guides that will be released for
review and comment in the forthcoming
months. The ongoing work includes production
of:
• An Agreements guide to support users
typically Clients, Contractors and
Consulting Companies.
• An updated FIDIC Contracts Guide to
support initial users of the 2017
updates.
• An update to the Green Book Short
form of Contract of 1999.
• A subcontract for use with the 1999
edition Yellow Book on a back to back
basis.
• A tunneling and Underground works
contract produced jointly by FIDIC and
the ITA
• A new Bronze Book for Design-Build –
Operate.
• A standard set of Particular Conditions
for use with the 2017 Yellow Book for
offshore wind farms

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Hanscomb Intercontinental Autumn 2018 Newsletter

  • 1. www.hanscombintercontinental.com AUTUMN 2018 NEWSLETTER 1 | P a g e EDITORS COMMENTS As the month of September draws to a close it seems an ideal time to share Hanscomb Intercontinental’s newsletter as many of our friends and clients return from their summer holidays. A lot has happened within the company over the last twelve months with substantial investment in the service offerings and commitment to sustained growth by the directors and shareholders. Our new website will be up and running in the next few months and our closure of the Gibraltar office and opening of two new United Kingdom offices has progressed very smoothly. We have entered into a strategic supplier agreement with a number of international serviced office providers and can deploy a team any size in any city of the world within twenty-four hours. Our adjudication services are being regularly used in the United Kingdom and also overseas and to further support clients we are able to offer peer reviews of others work by practising adjudicators to ensure that the best possible case is made for the client before disputes are referred. Thomas Johnson thomasjohnson@hanscombintercontinental.com COMPANY WELCOMES RETURN OF DIRECTOR The Company welcomes the return of Sean Sullivan Gibbs as a full-time executive director. Sean brings over thirty years’ experience in the construction and engineering industries, is a Chartered Quantity Surveyor and supports the delivery of dispute resolution and quantum expertise across the company. Sean holds Fellowships with the Chartered Institute of Arbitrator’s, The Royal Institute of Chartered Surveyors, Chartered Institute of Civil Engineering Surveyors, Chartered Institute of Building and was called to Bar of England and Wales in 2017 by the Middle Temple. He is actively involved with many professional bodies and is currently a regional convenor for the Society of Construction Law (UK), a committee member of the Chartered Institute of Arbitrators Western Branch and Chartered Institute of Civil Engineering Surveyors South West and South Wales branch. Sean is also a practising adjudicator , arbitrator and quantum expert.
  • 2. www.hanscombintercontinental.com AUTUMN 2018 NEWSLETTER 2 | P a g e SPONSORHSIP OF THE SOCIETY OF CONSTRUCTION LAW 8TH INTERNATIONAL CONFERENCE Hanscomb Intercontiental have sponsored the Society of Construction Law’s 8th international construction law conference. The conference is being held at the Palmer House Hotel Chicago from the 26th-28th September 2018 and follows on from the successful conference held in Delhi in 2017. Since its foundation in 1983, the Society of Construction Law has worked to promote for the public benefit education, study and research in the field of construction law and related subjects (including ADR, arbitration and adjudication), both in the UK and overseas. The Society has over 3,000 members from all sectors of the construction industry. While originally from the UK, the SCL now has sections around the world. In 2017 a major milestone was achieved, and the final gap in the global SCL network was closed, with the founding of the North American Society of Construction Law. Hanscomb Intercontinental’s director Sean Sullivan Gibbs will be the track host for the panel taking place on the 27th September 2018 that will be discussing the topic ‘Tensions Between Lawyers And Experts (Wherever In The World You May Be)’. The panellists comprise Sean Brady managing director of Brady Heywood Pty Ltd, Janine Stewart partner at Minter Ellison Rudd Watts, Stephen Price partner at Minter Ellison Rudd Watts and Simon Braithwaite senior Director of FTI Consulting. Law Rocks Chicago is also taking place at Lincoln Hall on the Thursday evening of the conference and this is one of the main social events of the conference. Further information about the conference and details on booking can be found on the website of the Society of Construction Law North America. https://www.scl-na.org/events/8th- international-society-construction-law- conference-registration-now-open
  • 3. www.hanscombintercontinental.com AUTUMN 2018 NEWSLETTER 3 | P a g e HANSCOMB SIGNS UP TO THE CONFLICT AVOIDANCE PLEDGE Hanscomb Intercontiental have signed up to the conflict avoidance pledge. The Conflict Avoidance Pledge made by Hanscomb Intercontiental is : "We believe in collaborative working and the use of early intervention techniques throughout the supply chain, to try to resolve differences of opinion before they escalate into disputes. We recognise the importance of embedding conflict avoidance mechanisms into projects with the aim of identifying, controlling and managing potential conflict, whilst preventing the need for formal, adversarial dispute resolution procedures. We commit our resources to embedding these into our projects. We commit to working proactively to avoid conflict and to facilitate early resolution of potential disputes. We commit to developing our capability in the early identification of potential disputes and in the use of conflict avoidance measures. We will promote the value of collaborative working to prevent issues developing into disputes. We commit to work with our industry partners to identify, promote and utilise conflict avoidance mechanisms." If you would like more information about the RICS backed scheme please follow the link shown below. http://www.rics.org/uk/join/member- accreditations-list/dispute-resolution- service/conflict-avoidance-pledge/ SECOND EDITION OF INTRENATIONAL CONSTRUCTION CONTRACT LAW DUE FOR RELEASE Lukas Klee’s second edition of International Construction Contract Law will be released later in the year. Hanscomb Intercontiental’s director, Sean Sullivan Gibbs is one of the 101 co-authors that have contributed to the book. The co-authors have been drawn from a wide range of expertise and include Rupert Choat a
  • 4. www.hanscombintercontinental.com AUTUMN 2018 NEWSLETTER 4 | P a g e barrister form Atkins Chambers, Rob Horne a partner with law firm Osborne Clarke, Coenraad Snyman a lawyer from South Africa in private practice and Christopher Miers a director with expert advisory firm Probyn Miers. The publisher Wiley Blackwell are taking orders for the book before it is released. https://www.wiley.com/en- us/International+Construction+Contract+Law %2C+2nd+Edition-p-9781119430520 UK ADJUDICATION SERVICES Hanscomb Intercontiental have been supporting parties in adjudications since the company was first incorporated. The statutory scheme has now been in force for the last twenty years and the company has gained substantial experience acting for both referring parties and responding parties. The team at Hanscomb Intercontiental are used to working under both scheme and non- scheme adjudications and with all the standard forms of contract used in the United Kingdom such as the JCT suite, NEC suite , FIDIC suite, ICHME suite. The support provided to parties’ ranges from pre-advisory, through to drafting and then undertaking oral and written advocacy on behalf of the instructing party. As well as the conducting of adjudications our expert advisory team regularly support parties and lawyers in adjudications by preparing expert reports and appearing before adjudicators to provide expert testimony. Areas where we have had numerous instruction include quantum, forensic accounting, planning & scheduling and delay analysis. Our teams are multi-disciplinary and comprise engineers, chartered surveyors, chartered builders, planners and unlicensed barristers. As can be expected from a large multi- disciplinary team our members hold various memberships and fellowships with the: • Royal Institute of Chartered Surveyors • Chartered Institute of Building • Chartered Institute of Arbitrators • Inns of Court • Chartered Institute of Civil Engineering Surveyors • Institute of Civil Engineers • Association of Project Management • Institute of Chemical Engineers • Offshore Engineering Society • Dispute Resolution Board Foundation • Society of Construction Law • Adjudication Society • International Bar Association Hanscomb Intercontinental also have adjudicators available for appointment or to provide opinions on documents prior to submission.
  • 5. www.hanscombintercontinental.com AUTUMN 2018 NEWSLETTER 5 | P a g e FIDIC DAB / DAAB SUPPORT SERVICES Hanscomb Intercontinental and its team members have worked with the FIDIC suite of contracts in the United Kingdom and across the continents of Europe, Asia, Africa, Americas, Australasia and the Middle East. Whilst most contracts in the Middle east exclude the use of dispute boards they remain popular globally. Hanscomb Intercontinental team members have advised Contractors, Employers and Engineers under various forms of FIDIC and also provided expert reports and expert testimony before tribunals. Our team also draft claims and replies and then undertake oral and written advocacy on behalf of parties. Senior members of the team are available to be appointed as dispute Board Members. PROJECT SERVICES FOR THE OFFSHORE WIND INDUSTRY Hanscomb Intercontinental’s project services team have been busy for the last ten years supporting the offshore wind industry in European territorial waters. As the wind industry has grown and developed Hanscomb Intercontinental has been actively supporting it through initial bidding phases, through procurement, construction and into commissioning and close out. Services provided include - Contracts & Contracting Strategies - Procurement - Commercial Management - Project Controls - Extension of Time - Claims EXPERT SERVICES Hanscomb Intercontinental’s expert services offering has grown since the company was first founded. Hanscomb Intercontinental’s experts provide advisory as well as expert witness services to the construction and engineering and
  • 6. www.hanscombintercontinental.com AUTUMN 2018 NEWSLETTER 6 | P a g e industries. Whilst the core offerings cover quantum, forensic accounting and delay analysis other expert services have been provided by the company such as civil engineering . Another package offered is exert witness project management where Hanscomb Intercontinental become a one stop shop for a range of inhouse and contracted out expert witnesses taking pressure off client and lawyer and alike. All forms of dispute resolution are supported including negotiation, conciliation, mediation, adjudication, dispute board, expert determination, arbitration and litigation. UK ADJUDICATORS DINNER The UK Adjudicators adjudicator nominating body will be holding a dinner at Loch Fyne restaurant in Bristol the evening of the 7th November 2018 7.00pm for 7.30pm on the eve of the Adjudication Society annual conference. Hanscomb Intercontinental directors will there, if you would like to attend please email sean.gibbs@hansocmbintercontinetal.co.uk THE FIDIC RAINBOW SUITE GROWS Those familiar with the FIDIC rainbow suite of 1999 welcomed new additions in the following years culminating in the release of the second editions of the Red, Yellow and Silver books in 2017. As the industry starts to embrace these, the FIDIC Contract Committee have been working diligently producing new forms of contract and guides that will be released for review and comment in the forthcoming months. The ongoing work includes production of: • An Agreements guide to support users typically Clients, Contractors and Consulting Companies. • An updated FIDIC Contracts Guide to support initial users of the 2017 updates. • An update to the Green Book Short form of Contract of 1999. • A subcontract for use with the 1999 edition Yellow Book on a back to back basis. • A tunneling and Underground works contract produced jointly by FIDIC and the ITA • A new Bronze Book for Design-Build – Operate. • A standard set of Particular Conditions for use with the 2017 Yellow Book for offshore wind farms