To commemorate Diales celebrating its 10th anniversary, we have released this edition as an anniversary special.
Including articles from our our global experts, and an external contributor from Akin Gump Strauss Hauer & Feld LLP, this issue covers a broad range of topics and legislative changes effecting the industry today.
Click the image below to access the publication.
Why did you choose to specialise in the resolution of construction disputes?
I am a Civil Engineer by education. One of my first assignments was working on the Owner’s team for the Petronas Towers in Kuala Lumpur Malaysia, at the time the tallest buildings in the world. I just naturally fell into the role of negotiating disputes on the project and my project manager suggested this might be a career path for me. I have now been loving working in the dispute resolution area of construction for over 25 years, so I guess it was good advice.
Why did you choose to join the Driver Group?
There are so many reasons as to why I decided to join in 2020, but on the top of my list was the people I would be working with, underpinned by the company values and ethos. The Driver Group genuinely has some of the most talented people I have worked with to date. They are not only technical, project and claims specialists, but they are also experts at collaboration and communicating knowledge. The company’s ethos, “Worldwide Expertise, Delivered Locally”, means that we combine our industry knowledge with a real understanding for the intricacies of our local markets. This enables us to give our clients the best possible service and outcomes.
Your promotion to Canadian Director, what are you looking forward to?
I am excited to take on the challenges in my new role, but I have big shoes to fill. Kevin O’Neill who was my predecessor, was the second employee of Driver Trett Canada when we entered into the Canadian market in 2014. Following in Kevin’s footsteps, I’m looking forward to leading our diverse and talented Canadian team and continuing to expand our local and global presence.
What do you enjoy the most?
Outside of my daytime responsibilities, I enjoy teaching at the University of Calgary as part of their Project Management Certificate program. I enjoy learning from and teaching others.
Approaches to resolving constructions claims in Canada have evolved over the past 25 years, and I hope to continue working with the construction industry to resolve construction disputes quickly, fairly, and in the most cost-effective ways possible.
Tell us something we wouldn’t know about you.
Prior to my career as an Engineer, I spent many years studying to be a classical singer. However, I promise to never respond to my cross-examinations in song.
We are delighted to be partnering with Clyde&Co to deliver this webinar.
Taking place on Wednesday 7th September 2022, at 1pm, this hour long session will discuss the recent judgement of Martlet Homes Ltd v Mulalley & Co Ltd  EWHC 1813 (TCC) – The first substantive decision from the Court relating to cladding and fire safety.
In a decision that will be of significant interest to the industry, the Court held that a contactor, which had installed a combustible insulated EPS render system (StoTherm Classic) under a design and build contract between 2005 and 2008, was liable for the costs of a full-scale replacement of the system, together with costs pertaining to the ‘waking watch’ whilst it was remediated. The Court found that a repair of the system would not have been sufficient.
The judgment offers a first look into how the Courts are viewing these types of issues in combustible cladding cases. Given the serious and potentially costly implications of this judgment for the industry, we will be co-hosting this remote webinar on 7th September 2022 at 13:00 to discuss the judgment and the practical implications for contractors and developers going forward.
To register to attend, please click here.
As part of the Driver Group of companies, we are delighted to welcome Charlotte Parsons as our new Chief Financial Officer.
Charlotte has over 23 years’ experience in international property, engineering, and construction consultancies, where she has an established track record of providing high-level strategic and change management advice to the boards of PLCs and LLPs.
Charlotte’s experience as Finance Director at High-Point Rendel Ltd (since acquired by KPMG), and Chief Financial Officer of James R. Knowles (Holdings) PLC (since acquired by Hill International), means that she has a strong understanding of many of the same issues, sectors, markets and jurisdictions as those in which Driver Group operates.
On her new role, Charlotte said:
« I am very pleased to be joining Driver whom I have admired as a market leading international brand. I look forward to bringing my experience to bear as we navigate through the challenges and opportunities of the sector and deliver the board objectives. »
We are delighted to share our sister company’s latest publication, issue 2 of the Digital Digest.
This issue contains articles written by members of the Driver Trett global team, and from guest contributors at Akin Gump Strauss Hauer & Feld LLP. The articles address key developments in the construction industry today, across topics ranging from expert determination, standard forms of contracts in the Latin American market, sectional completions, the new Dutch delay and disruption guideline, planning, contracts, and many more.
To browse the publication, please visit: www.driver-group.com/digital-digest-2022
We are delighted that Global Managing Director of Diales Technical, Stuart Macdougald-Denton, will be joining a panel of speakers to deliver a series of online briefings throughout the month of June.
Beginning with Session One on the 15th June, and ending on Friday the 29th June, the three sessions will discuss « how to value before [remedial] works are done, while the works are being carried out, and after the works are completed. It will also provide guidance on how the cost of the works should be estimated and who is likely to have to meet the cost and in what proportions.
This series is for all estate agents, valuers, surveyors, lawyers and substantial property owners. »
For more information, and to register your place, please visit: www.henrystewartconferences.com/property-hub/hs-property-hub-cladding
Diales connections receive a 50% discount off the booking fee. Use DIALES50 at the checkout.
Following two long years of little face to face interaction, Diales and EVRA warmly invite our contacts in the field of legal, construction and engineering to meet our team in person.
Taking place in Johannesburg on Thursday 17th March, we will share our service offering and provide the opportunity to network afterwards.
Please RSVP to email@example.com if you can join us.
Venue: Country Club Johannesburg – Woodmead
Date: 17 March 2022
Time: 16:30 for a 17:00 start
After nearly 50 years in the Construction Industry, Diales Delay Expert, Stephen Lowsley has now semi-retired.
In this light-hearted article, he is interviewed about his career by Gary Coward, Coventry Office’s answer to Jeremy Paxman.
How many years have you worked in the construction industry and how did it all start?
A very long time ago Gary! I left school in the summer of 1972, aged 16 and not really knowing what I wanted to do. At that time jobs were easy to come by and without making any great effort I was offered several jobs including telecoms apprentice, RAF recruit, engineering apprentice and a foundation course at art college. As I said Gary, I did not know what I really wanted to do!
Eventually in late 1972 I joined William Moss and Sons, a medium sized Contractor as a Trainee Planning Engineer and they provided a good grounding and introduction to construction. I have worked in the construction industry since this time, mainly as a Planner or Delay Analyst/Expert , having been employed by contractors, owners, designers, and consultants, in the UK and overseas.
How and when did you become a Delay Expert?
Good question Gary. A bit of a long story really. By the late 1980’s I had worked for many contractors, mainly in a site-based role, and I was getting a bit frustrated with many Contractors’ general approach to planning and programming. On several projects I worked on, but certainly not all of them, the planning role was not taken as importantly as I considered it should. There were cases where I was asked to produce and manipulate programmes, mainly just to satisfy the Employer, rather than to assist in the control the works. Control of many of the projects was largely based on cost, rather than what I considered to be good proactive management.
When you have spent 50 years in the construction industry, you may become as cynical as me!
Anyway, enough of my moans. In the early 1990’s I undertook full time study at Loughborough University gaining an MSc in Construction Management. Following this I decided to try my hand at being self- employed which went relatively well and over a period of around four years I was involved with the planning and programming of many diverse projects.
In the mid-1990’s I was invited to form a partnership with four other like-minded planners, providing general planning services to contractors. Contractors, in many cases, considered us an unnecessary cost, however, we found we were becoming in high demand where disputes concerning delay were involved. At the time, we were renting our office in Coventry from a leading Quantum Expert and Arbitrator, who generously provided us with advice and contacts.
My partners and I found delay analysis an interesting and academic challenge and as a bonus, our monthly invoices increased. The money wasn’t the main reason though Gary, honestly.
From this time, I have mainly acted as a Delay Expert and enjoyed every bit. Well, mainly every bit, but probably not the cross examination.
How would you simply describe the secret of good delay analysis?
The questions are getting harder Gary.
There is no magic secret. In my opinion, delay analysis involves a detailed review of the facts and the application of experience and common sense.
With any delay analysis, no matter what methodology is used, there is unlikely to be any precise answer. Although a lot of hard work and a detailed review of the evidence is always required, extensive analysis in an endeavour to find a precise answer is not, and it can be misleading.
If any form of computer-based analysis is considered as appropriate, it should be undertaken with great care, and with full knowledge of the potential pitfalls. Any calculated answer needs to be considered in the light of common sense and experience.
That’s my official answer, however, there are three unwritten rules in respect of ‘good’** delay analysis:
Rule 1 – If there are no records, or if there is any doubt, make something up;
Rule 2 – Anything you make up should be accompanied by a programme, produced in as many different colours as possible, with no attempt to provide any explanatory narrative;
Rule 3 – The coloured chart should be printed at such a scale that it is illegible.
**This is not advice, but Stephen’s pithy sense of humour.
What are your personal career highlights?
A bit of a difficult question there Gary.
Some good memories though. I remember when I was sent out on site for 18 months as part of my training. Being the naïve office trainee, I was given a ‘stop-go’ board, and told to control the traffic. I spent a day and a half standing in the road in the pouring rain. A very wet and miserable experience, but what a great sense of power. Temporary traffic lights have spoilt all the fun.
In late 1985 I was working for Laing Wimpey Alireza in Jubail, in the Eastern Province of Saudi Arabia. The project was a 150-bed turn-key hospital, the construction of which was virtually complete, with the Laing Wimpey ex-pat management team being reduced to about eight of us.
I used to share a villa with the accountant who only visited Jubail on a part time basis. One Thursday lunchtime (Friday was the day off) the accountant flew in from Riyadh and told me in confidence that we were ‘doing a runner’ and leaving the country that night. It was only when he showed me a briefcase full of cash and passports that I believed him.
I was given strict instructions to work the afternoon and to ‘act normally’, and not to tell anyone else due to the danger of us all being arrested and having our passports confiscated to keep us in the country. That night, we took as much as we could carry, left our accommodation at set intervals, and drove to the airport in separate cars, carefully within the speed limit.
The cars were left at the airport, with the keys in, and we all checked-in separately, hoping that no one would discover our plan. Once the aircraft left the runway, a fair amount of British Airway’s free alcohol was consumed. Although I never saw it myself, I am reliably informed that we got a small mention in the Daily Telegraph.
Probably not a highlight Gary, but a good story.
Can you describe how the industry has changed over the years?
How long have you got Gary?
There have been substantial changes since I started in 1972, and it is difficult to cover all of them.
Construction management has changed. In the 1970’s, most construction managers had come up through the trades, which in itself was not a bad thing, as they possessed hands-on experience of the construction process, however, they probably lacked management skills and knowledge of the contract. I think it’s fair to say that management styles and the whole construction environment was very macho.
Today, this has changed with construction management becoming much more professional, however, I feel some of the hands-on experience has been lost.
In the 1970’s, apart from the occasional architect and main office secretaries’, women involved in construction were virtually non-existent. There are now many women involved in all aspects of construction, which has possibly reduced the industries macho stigma, and definitely added to the professionalism of Construction Management.
Health and safety has improved unbelievably.
The whole structure of contracting has changed. In the 1970’s most projects consisted of traditional construction elements, with contractors having their own directly employed resources. Today, the construction process and materials are much more technologically advanced, with the Contractor acting more as a manager, co-ordinating the works of the various subcontractors.
Planning and programming are now much more accepted as a means of managing the works, with one of the main advances being the introduction of the personal computer and planning software. Having said this, the basic planning skills of building up programmes from first principles, has probably become a little lost with it being all too easy to produce programmes consisting of hundreds, if not thousands, of activities. In my own experience, such large programmes often lack credibility, and in some cases, are to a certain extent meaningless.
Sorry Gary, starting to sound a bit cynical again.
If you could change anything about your career, what would it be?
I’ve always fancied being a postman, or the guy who drives the sit-on mower for the council and cuts the verges.
Seriously though, as with any retrospective delay analysis, it is wrong to theorise about what might have occurred. In life, it’s always easy to look back and discuss what might have been, but on the whole, I’ve really enjoyed my time in the construction industry. The main thing is, I’ve had a few laughs.
I’m sure there are some who would suggest I would have made a better postman than delay analyst!
For those that don’t know you well, running has played a big part in your life. What has been your proudest achievement… to date?!?
I have always enjoyed running, but don’t pretend to have ever been very quick. I once ran a half marathon in 84 minutes, which is not too bad. This was before the internet though, and I only had Roger Banister’s 4-minute-mile as a guide. A bit disappointed, that I only averaged a six-and-a-half-minute mile.
It may seem strange but running has always helped with my delay analysis. After spending 4 or 5 hours reading through 5-year-old diaries, a 30-minute run clears your mind.
Probably my proudest achievement is that, aged 65, I can still go out on a Sunday morning and run 10 – 15 miles. I won’t tell you how long it takes though Gary.
On a more serious note, I have been with Diales for nearly 9 years, and will still be providing delay analysis for them following my semi-retirement. This is the longest that I have worked with any organisation, which must say something (don’t be old and cynical like me and say it’s because no one has found me out).
I can honestly say that I have thoroughly enjoyed working with such a highly professional team, and I would like to thank everyone in every department and office throughout Driver Trett for their support, assistance, and friendship.
The same goes for everyone outside the organisation; lawyers, contractors etc., who have been equally supportive.
Disputes requiring technical expertise often involve an elaborate technical matrix of fact and opinion. Complex investigations, interrogation and interpretation of the cause and impact of various competing causes are required.
Diales is a global brand and provide expert witnesses, and support, on projects located all over the world. Our technical experts cover various technical disciplines ensuring a pre-requisite level, and quality, of industry experience. They deliver concise reports that explain complex technical interactions in a clear and unambiguous manner.
The criteria for this recognition focuses on an ability to add real value to clients’ businesses, above and beyond the other players in the market. Uniquely, lawyers can be nominated only by corporate counsel, with this year’s winners chosen from a pool of more than 2,000 individual client assessments.
On receiving the award, Javier comments:
“I am thrilled to win and be acknowledged in the 2021 Lexology Client Choice Awards, as it is a recognition from our clients for adding real value to their business.”
We are delighted to have Javier’s expertise on board, providing valuable support to clients in both Spanish and English, across the global market.
Please do not hesitate to get in touch with Javier to discuss your requirements.
Congratulations Javier, and to all this year’s winners.
On Tuesday 10th August 2021 Diales celebrated the one year anniversary of its New York office.
Despite the difficulties of opening a new location during a pandemic, we are thrilled with the progress of the team and the assignments that are being won across the Americas.
We look forward to our continued growth in the region, and continuing to deliver the high quality service our clients are accustomed to globally.
We thank those that have entrusted us with assignments to date.
To get in touch with a member of our team in New York, please telephone: +1 (917) 415 9484.
We look forward to hosting our anniversary party and welcoming clients current and new.
Q&A with Graham Topp
Can you tell us a bit about what your role entails?
I’m grateful to be afforded the opportunity to grow the service provision in Oceania. My focus will be expert and dispute avoidance work in Oceania and the greater APAC region. The aim is simple; consistently produce market leading quality. I’d like to challenge the assumption that age and quality always have a proportional relationship. The instructing law firms I work with see the value in engaging an expert that is present and deeply invested in the quality of the product from the outset. My plan is to keep doing the same, with the support of the fantastic team at Diales.
Who has been the greatest influence on your career?
I have been incredibly lucky with mentors – too many to mention all here. Bill Masters was a great help when I was a junior QS. Anne Connolly’s technical excellence and passion for detail provided a foundation to develop into an expert. More recently, Paul Roberts for his operational guidance and business growth advice. I have been conscious and mindful to at least attempt to take the best from those around me (both upstream and downstream). The single greatest influence has been my late father, Alan Topp. A welder turned pipeline estimator, he was as gritty as they come. He sparked my interest in the built environment.
What has been the best moment of your career?
Accepting the new role with Diales! Looking back, I was also proud when I qualified as a quantity surveyor from Northumbria University with First Class Honours. I was fortunate to be placed on a day-release scheme with my first employer; four days at work and one day at university. It was a long five years. Losing my father during the second year of study added fuel to an already burning fire.
What makes you tick?
Time with family and close friends. I’m a dog person; we have a Boxer and a Red Heeler at home. Exercise is also fundamental. Healthy body, healthy mind.
Tell us a little-known fact about you
Many know that I enjoy competitive cycling. A little-known fact is that I was a medallist in the national karate championships as a junior. I still enjoy boxing for fitness once a week.
Graham is a Quantum Expert based from our new office location in Brisbane. Do reach out to him directly if you would like to discuss your requirements.
firstname.lastname@example.org , +61 (7) 3011 6311
We are seeking an experienced and dynamic Delay expert to join our growing team in New York.
Based from our office in New York, the role will be responsible for managing and leading a team of professionals to assist clients through complex issues relating to the construction industry.
For a full job description, please click here.
To apply for this role, please send your CV to our recruitment manager, Sara Selhanovic.
We are also looking for expert support assistants at consultant level. For more information about these roles, and to apply, please click here.
We are delighted to announce that Quantum Expert Paul Battrick and Diales Director Chris Sunderland have both been re-elected to the Society of Construction Law Council
On application to the Council, Paul wrote:
My role within Council has reflected my working life which deals with international projects. I have been a member of the International sub-committee and am currently the International Liaison Officer towards the International SCL. I am also one of the two members of the International SCL responsible for guiding potential SCLs towards acceptance within the SCL community. Of late, I have assisted SCLs in Vietnam, Korea and Israel in gaining their SCL status. I hope to continue promoting the SCL internationally and to assist in developing new societies around the globe.
Chris Sunderland has focussed on the communications and visibility of the SCL, and on application he stated:
I seek re-election to the SCL Council following three years of service, during which time, I have been involved in various beneficial initiatives including: as part of the IT Subcommittee to develop the new SCL website to improve its user navigation and experience. The new concept newsletter, which includes event hyperlinks to simplify booking, as well as increasing the use of social media channels to keep the membership and perspective members informed of events, maintaining visibility of the membership. I also sit on the London Programme Committee, and hope to continue to promote SCL’s activities, membership benefits, and ethos to the Construction Law Community.
We are delighted that both staff members are using their respective background experience to support the work of the Society of Construction Law, and we look forward to our continued relationship with the Society.
Invisible touch – Embracing all 6 dimensions
« Martin W. J. Smith – MEP Building Services Technical Expert at Diales makes a case for the benefits to clients and contractors alike of implementing a good and timely commissioning process of building services MEP systems. »
View the Big Project ME online article below, or follow here to download the pdf: Invisible Touch – embracing all 6 dimensions.
We are delighted to provide a new market offering for clients based in the Middle East.
Diales have established a unique in-house team of Arabic-speaking experts, who are able to assist clients in the submission of complex technical matters to local courts across the GCC region, and in the presentation of the case in court.
With over 15 years’ experience in the construction industry, Diales Delay Expert, Mahmoud Abougabal, will be leading this service stream. Mahmoud is regularly appointed by lawyers in the UAE and has been cross examined on multiple occasions in high-profile construction litigation disputes.
On his appointment to lead the service, Mahmoud said: “We are witnessing a growing interest in settling complex high-cost construction disputes by means of local court litigation. We believe that our ability to consistently provide hands-on, high-quality and quick-fire support has been essential in our recent benchmark successes in the field.”
The highly experienced team has already been involved in several landmark litigation disputes, worth over AED 1 billion. The experts are also proficient in participation in cross-examination sessions conducted in Arabic with the court-appointed experts, and can support clients with the preparation of follow-up and rebuttal reports.
To find out more, and to have a no-obligation discussion about the support you may require, please call or email us.
+971 (0) 4 551 5392, or email email@example.com.
Diales are delighted to welcome Adrian Kong to its team of experts.
Adrian will be based from our office in Singapore, and he is a highly sought-after Delay Expert who has handled some of the most complex projects both domestically and internationally.
We look forward to working together.
To learn more about Adrian’s background, please view his expert profile.
The UK Adjudicators 2021 Edinburgh Conference on Adjudication and Arbitration will take place on Friday, 5th March, from 10:00 – 15:30 GMT.
The online event offers a day of free to attend panel discussions and the chance to hear from world class lawyers, experts, arbitrators, adjudicators, dispute board members and practitioners.
Mark Wheeler joins an esteemed panel of speakers at 13.30 to discuss the remote examination of Expert Witnesses.
For more information, and to register to attend, click here.
Diales and EVRA Consulting (Pty) Ltd are delighted to invite you to their free webinar on the provision of expert evidence in construction and engineering disputes in Africa, taking place on Thursday, 11th February 2021, at 3pm SAST.
The webinar will be chaired by Johan Beyers of Keating Chambers, who will introduce the need for good expert witness evidence in construction and engineering disputes.
- Warren Eales of EVRA Consulting, who will talk about expert evidence from the perspective of a Delay Expert, and within an African context.
- Phil Duggan, Diales Quantum Expert, will detail the duties of expert witnesses with examples of common failures.
- Stuart Holdsworth, Diales Technical Expert, will illustrate how technical expertise can be critical to a party’s success; also identifying the attributes of a good technical expert.
There will be a Q&A session at the end of the webinar .
To register to attend, please click here.
Diales Technical have once again collaborated with artist Gerry Judah to execute his latest vision for client’s, Billingsley Company.
The structure was designed, engineered, fabricated and painted in the United Kingdom, and then shipped to it’s location in the US for site specific installation.
On the sculpture, Billingsley comment:
« Built for a huge temperature range and high winds – being at the southern end of Tornado Alley – DRIFT was engineered to meet the most demanding American wind and seismic codes. _It’s the latest in a series of sculptures exploring writhing, twisting forms assembled from stacks of steel blocks. _Find DRIFT, …dazzling in the sun like the bleached bones of an ancient leviathan. »
Client : BILLINGSLEY COMPANY
Artist : GERRY JUDAH
Engineers : DIALES TECHNICAL
Fabricators : LITTLEHAMPTON WELDING
Photographer : DAN SELLERS
If you have a technical project you would like to discuss, please do get in touch with one of our global experts. www.diales.com/contact-us/
Diales is delighted to announce the opening of a new office in Madrid, Spain, along with the hire of a new Quantum expert to be based there:
Javier Sánchez Llopes.
Javier Sánchez Llopes is a Chartered Quantity Surveyor and Civil Engineering Surveyor with over 15 years’ industry experience. He has been appointed as a lead Expert Witness on multiple occasions, under various rules of arbitration, including: ICC, UNCITRAL and SCC.
A native Spanish speaker, Javier has extensive experience within the Spanish and Latin American market, and he will be working in close collaboration with our offices in Europe and New York.
Mark Wheeler, Head of Diales, comments:
“The opening of this office in Spain will enhance our ability to serve clients in the Spanish markets, and strengthen our offering within Europe and Latin America. We are delighted to welcome Javier onboard and we look forward to working with him.”
Click to view Javier’s Expert profile to find out more about him: https://www.diales.com/experts/javier-sanchez-llopes/
We are delighted to announce our collaboration with EVRA, based in Johannesburg, South Africa.
EVRA is Africa’s leading claims and dispute resolution consultancy and have a team of over 40 fee earners in country. We have worked closely with some of the team over a number of years and believe that the services and skill sets of our Diales Experts coupled with EVRA’s local contacts, knowledge, expertise, experience and network of staff across the continent will prove to be a success.
Details of the company can be found at www.evraconsulting.com
Diales are delighted to announce and welcome David Merritt to our team of experts.
David is a Chartered Quantity Surveyor and Chartered Civil Engineering Surveyor with over 35 years’ industry experience. He joins our team in the Middle East, and will be based in our Dubai office.
On joining Diales, David comments, « I am delighted to be joining the expert witness practice at Diales. I am looking forward to this next chapter of my career, and to working with many world-class experts and thought leaders in our industry. »
To find out more about David, view his profile: https://www.diales.com/experts/david-merritt/
Diales are delighted to have been featured on Leaders League.
« Diales, part of UK-based construction consultancy Driver Group, has announced the opening of a new office in New York and appointed Simon Braithwaite and Robert Otruba as quantum, delay and damages experts to lead the office. These moves provide the group with a direct presence in the Americas, in-line with the company’s growth plans. »
Click through to read the full article: https://lnkd.in/eHi9idZ
We are delighted to announce the opening of a new office in Times Square, New York City, along with the hire of two new Experts who will be based there.
Simon is a quantum, damages, and delay expert with over 20 years’ industry experience and Robert is a quantum, damages, and delay expert with over 25 years’ industry experience.
With the opening of the New York office, we look forward to better servicing clients in North America, and supporting those based in South America as well.
Mark Wheeler, Head of Diales says: « The opening of our office in New York City is great news for Diales as it enhances our ability to serve our clients in North America, as well as working closely with our existing network of offices in Canada. We can now provide improved access and support to clients based in South America as well. We are delighted to welcome two leading experts, who have knowledge of the local market as well as renowned expertise across multiple sectors.”
For more information about our Diales experts, please visit: www.diales.com/experts
Diales Technical have been nominated for a series of sculptures in the Product Innovation of the Year category in The British Construction Industry Awards 2020.
The Structures were designed by Gerry Judah and engineered by Diales Technical.
« The [British Construction Industry] awards recognise and reward excellence in project delivery and, crucially, delivering outcomes for society, celebrating the hard work and dedication of the whole project team – from clients, architects, designers and contractors. »
We are thrilled that the outstanding skill in executing these sculptures have received the recognition they deserve, and we would like to wish all nominees good luck at this years’ awards.
Mark Wheeler, Head of Diales, has been published in this month’s edition of Lawyer Monthly.
Interview: Appointed Experts may owe a fiduciary duty of loyalty: the ruling’s impact
Mark speaks to Lawyer Monthly about the impact of the recent case in the TCC: a Company v X, Y, Z  EWHC 809 (TCC).
To read the interview in full, visit:
We are pleased to announce that Chris Sunderland has joined Diales.
Chris brings with him over 20 years’ experience in Construction disputes through his roles as Senior Practice Manager at Keating Chambers and more recently, Senior Team Clerk for Construction, Commercial and Energy at Crown Office Chambers.
We would like to welcome Chris to the team.
Get to know Chris in a Q&A from the Driver Group: https://www.driver-group.com/global/news/meet-chris-sunderland
Congratulations to sculptor, Gerry Judah, and the Diales Technical Civil & Structural Engineering Team
Their sculpture, The Scroll, Sharjah, has featured in the Best Architecture Photos of 2020 contest; Celebrated by AGORA Photo App.
To read the article in full click here.
We would like to thank everyone who joined us at such a memorable event on Thursday 5th March.
We are hopeful that we will be able to hold other events in the not too distant future, and we look forward to seeing you there. In the meantime we hope our clients and colleagues stay safe and well.
16 March 2020
Dear clients and friends
Business Continuity – Diales
We all face uncertain times as the disruption caused by the COVID-19 coronavirus outbreak continues to escalate. Please be assured that we have been monitoring and managing the situation closely, since the beginning of this global outbreak, to protect the health and safety of our people, their families, and our clients.
We are confident that we are taking all necessary measures to protect our people and continue to provide a robust and reliable platform to efficiently service all our clients’ needs. Our secure technology and IT systems allow our people to work remotely without interruption to their day-to-day activities or ability to provide support to clients. Our people can be contacted by landline, mobile, or email in the usual way.
Office safety remains a critical priority so that necessary meetings can proceed. We are recommending that our people use Skype or other online meeting facilities wherever possible.
We hope that your teams and families remain safe and healthy during this time and our thoughts are with those affected by coronavirus.
Head of Diales
Diales are proud to be sponsoring the 8th ICC MENA Conference on International Arbitration.
This annual conference is being held in Dubai on the 16th and 17th of February 2020, and is a “must attend” for arbitration professionals who want to keep up to date on the latest arbitration developments in the MENA region.
Click the link for more information and to register. https://2go.iccwbo.org/icc-mena-conference-on-international-arbitration.html
Diales is delighted to be hosting a CPD event, run in conjunction with the RICS, on The 3 R’s (Records, Records, Records)
Held: 4th December 2019, at The Design House, Al Sufouh Gardens, Dubai.
Change in construction projects almost always leads to an increase in costs and/or delays to completion. The effects of these are often the source of considerable dispute between the parties which could involve lengthy and expensive proceedings to achieve a resolution. Maintaining detailed and good quality records will assist in the agreement of issues.
Phil Duggan from Diales’ Dubai office will explain the importance and context of the necessary documentation to be collected.
- A wider understanding of the various records that can be readily maintained on a project;
- Understand the interaction between parties in maintaining good records;
- The significance of record keeping in dispute avoidance;
- The pitfalls of not having adequate records when faced with formal dispute proceedings.
B303, The Design House
Al Sufouh Gardens, Dubai
18:00 to 18:30 – Coffee, networking & registration
18:30 to 19:30 – Presentation
19:30 to 20:00 – Q&A
To make a booking please click here
If you would like to arrange to meet with Phil or any of the UAE team please email firstname.lastname@example.org
The updated edition of Evaluating Contract Claims (Third Edition) by John Mullen and Peter Davison is out now.
It is a substantial rewrite of the previous edition and is essential reading for all those involved in evaluating claims whether construction professional or construction law practitioners.
“John Mullen and Peter Davison are to be commended for providing such a practical and informative book which will assist in claims being properly formulated and established under construction contracts.”
Sir Vivian Ramsey QC
To order your copy, click here.
17th ICC Miami Conference on International Arbitration
Diales is excited to sponsor the 17th ICC Miami Conference on International Arbitration, 10th – 12th November.
Click here to find out more and to register.
7th Biennial Conference on Construction Projects from Conception to Completion
Diales is pleased to announce we will be a headline sponsor for the 7th Biennial Conference on Construction Projects from Conception to Completion – Berlin, Germany, 1st – 2nd November
Structural Awards 2019
We are delighted to announce that our 2018 Porsche Sculpture at the Goodwood Festival of Speed has been shortlisted for an Institution of Structural Engineers Award 2019. The result will be revealed in mid-November.
Click here to read the judges comment.
Phil Duggan appointed Head of Diales for the Middle East
Diales are delighted to announce that Phil Duggan has been appointed as Head of Diales for the Middle East, effective immediately.
Phil will be responsible for heading up Diales’ existing team of specialist Quantum and Delay Experts in the region and ensuring the brand’s continued growth and strong reputation.
Click the link to learn more about Phil. https://www.diales.com/experts/phil-duggan/
If you would like to arrange to meet him, or any of the Diales team to see how we can support you please email email@example.com
Asia ADR WEEK 2019
Diales are proud sponsors of Asia ADR WEEK 2019, “The Kintsukuroi Perspective: The Asian ADR Revolution” which runs from 27th – 29th June.
Join Garth McComb on Day 3, as he discusses the role of the Contract Administrator under the AIAC Standard form of Contract.
For more information about Asia ADR Week 2019, please visit https://www.aiac.world/Asia-ADR-Week-2019
If you would like to arrange to meet Garth to discuss how Diales can support your engineering or construction project, please email firstname.lastname@example.org
The 5th ICC Asia Conference in Singapore
Diales are pleased to be sponsoring the 5th ICC Asia Conference in Singapore. For more information about the event click the link https://iccwbo.org/event/icc-asia-conference-on-international-arbitration/
If you are attending and would like to meet with one of our staff to discuss how Diales can support you, email email@example.com
4th ICC Africa Conference in Lago
Diales are pleased to be sponsoring the 4th ICC Africa Conference in Lagos this week. For more information about the event click the link https://iccwbo.org/event/icc-africa-conference-international-arbitration/
If you are attending and would like to meet with one of our staff to discuss how Diales can support you, email firstname.lastname@example.org
Paris Arbitration Week 2019
Diales is hosting a conference in conjunction with Paris Arbitration Week on 3rd April 2019. Come hear leading stakeholders in the world of arbitration in India provide their insights on “Arbitration in India in a global economy”. The conference will be followed by a live Q&A session and a breakfast.
Galloping urbanisation and the need for infrastructure and transportation has made the construction market one of the main drivers of Indian GDP growth.
Arbitration comes within a broader frame where attracting and promoting lasting foreign direct investment is key to supplement domestic companies.
Can arbitration help build confidence for foreign companies willing to work in India? Is India’s reputation of being interventionist towards international arbitration grounded?
Can arbitration awards be challenged? Do the changes outlined in the ongoing arbitration reforms go far enough?
Leading stakeholders in the world of arbitration will provide their insights on India’s overall context supported by various examples of field experiences.
Hiroo Advani, Founding & Managing Partner, Advani&Co
Pierrick Le Goff, Group General Counsel, Alstom
Ziva Filipic, Managing Counsel, ICC International Court of Arbitration
Thomas Harrison, Technical Expert, Diales – Expert Witness services
Kuwait Project Management Conference
John Dowse, Diales Expert in the Middle East will be speaking about the need to adopt dispute resolution practices in a growing construction market place.
About the Event
Now in its third year, the Kuwait Project Management Conference is a great networking platform for project, program, and portfolio managers and practitioners in the region. Attendees will get an opportunity to listen to industry experts deliver valuable insights and actionable solutions to overcome emerging project management challenges. Keynote and invited local and regional expert speakers will present their professional expertise and experiences on the latest initiatives, techniques, innovation, excellence and leadership in the project management industry.
For more information, bookings and registration, please visit:https://kuwaitpmc.com/#about
About the Speaker
John is a commercial and contracts specialist with over 35 years’ construction experience; including experience of many forms of contract worldwide. In this time, John has been a Party appointed expert in both Quantum and Delay matters. He has extensive experience in domestic and international arbitration including tribunal and panel experience in Arbitration and Dispute Adjudication and Resolution Boards. He is a registered Mediator, including appointment by the Court.
If you would like to arrange to meet John please email email@example.com
7th ICC MENA Conference
This highly anticipated conference will be held in Abu Dhabi, from 3rd – 5th March 2019. If you would like more details about the conference please click here.
Attending the event will be Diales Quantum Experts, Lee Barry and Ken Clarke.
If you would like to arrange a meeting with one of our Experts during the event, please contact us on firstname.lastname@example.org
Dealing with Conflicting Pressure
Mark Wheeler, will be presenting a practical guide about Dealing with Conflicting Pressure, at the Expert Witness Conference Commercial, Property and professional negligence claims, in London on the 5th April 2019 at the Conference Central, Malet Street, London, WC1E 7HY.
His topic « Dealing with conflicting pressures – a practical guide » is a session of practical guidance with reference to case law. It looks at how an expert witness must often deal with external pressures from other experts, instructing solicitors, counsel, and clients. There is a need to balance these pressures against an overriding need for independence and compliance with the duty to the court.
For information about the other speakers at this event, or to book your place click here.
Diales technical shortlisted for the Small Projects award
Diales technical have been shortlisted for the Small Projects (of under £1 million) award at the IStructE Awards 2018 for their Jacob’s Ladder structure in New Zealand.
The Institution of Structural Engineers has been celebrating structural engineering excellence for over 50 years. The Structural Awards recognises the most talented structural designers and their indispensable contribution to the built environment, from large awe-inspiring landmark structures to small local projects. Winning an award is a symbol of excellence that is recognised around the world.
CIArb’s International Arbitration Conference 2018
Garth McComb, Quantum and Delay Expert for Diales and Malaysia Country Manager, will be on the panel discussing the evolving role of experts in international arbitration.
The event will also be covering topics such as Regional Development in ADR, Third party funding in Asia and International Arbitration across Asia.
If you would like to arrange a meeting with Garth or any of the team please email email@example.com.
Goodwood Porsche 2018 sculpture
For twenty-two years, the artist Gerry Judah, recently aided by the Diales engineering team (Bruno Postle, Hooman Baghi and Stuart Holdsworth), has been commissioned to build a spectacular centrepiece sculpture for the Goodwood Festival of Speed. This year it is celebrating seventy years since the Porsche 356 was first introduced in 1948.
With 2016’s BMW installation commended for ‘structural artistry’ at the Institute of Structural Engineers annual awards, the pressure was on to deliver something even more spectacular for 2018. Mission accomplished!
A spike mace with long spar arms holding six real Porsche cars weighing in at approximately six tonnes and standing 52m high (the same as Nelson’s Column) – all supported on one slender leg (so fine at the bottom that you can put your hands around it), which is stabilised by anchored steel solid bars. The overall weight is 28 tonnes of perfectly laser cut, doubly curved thin steel plates monocoque.
The images speak for themselves, but here’s a little more detail on six Porsche models featured this year.
- The 356 was the first Porsche produced in 1948, a priceless Coupé model has been lifted forty metres into the air and has been left hanging upside-down.
- The 917 is an endurance racer, as driven by Steve McQueen in the 1971 film ‘Le Mans’.
- The 959 Paris Dakar rally winner from 1987, a twin-turbo flat-six four-wheel drive.
- The 918 Spyder is a hybrid road car from 2015, a 608bhp V8 petrol engine with 286bhp from two electric motors.
- Another hybrid car is the 919 Le Mans Prototype from 2015, this car holds the Nürburgring Nordschleife lap record, previously unbroken since 1984.
- The 911R is a limited-edition road car introduced in 2016, representing the latest in Porsche design.
Look closely and you can tell these cars are the real-deal from the visible corrosion and repair jobs they have taken over the years.
The Diales engineering team will be back soon with more details of the challenges and technical know-how needed, along with Gerry’s vision, to keep on making a plethora of amazing vehicles fly!
Diales reception at the Burj Al Arab
On 19th April, Diales hosted a reception at the stunning Burj Al Arab.
We were delighted to welcome so many clients and representatives from the global Diales Expert Witness team for a thoroughly enjoyable evening which included a welcome speech from Driver Group Chairman Steven Norris and incredible views from the 27th floor.
GAR Live Construction Disputes Conference
Octavian Dan, Technical Director at our London office will be attending GAR Live Construction Disputes Conference on 12th April 2018, Paris France.
This event will offer a unique opportunity to explore and discuss key themes with top practitioners and arbitrators from around the world.
To find out more information about the event please click here
Drafting enforceable awards
Paul Battrick, Quantum Expert of Diales will be attending the ICC Institute Advanced Training on “Drafting enforceable awards” taken place on 11th April.
The training will focus on what can be referred to as the most prominent duty of an arbitrator and attendees will learn the best practices pertaining to drafting awards and the ways of maximising their enforceability.
This interactive and practical training will focus on the procedural as well as formal requirements and cover the issue of the necessary substantive accuracy of the award.
Fore more information about the event please click here
Should arbitration in investment protections treaties be forsaken?
As part of Paris Arbitration Week, Diales are proud to be associated with and a sponsor of this year’s Paris Place d’Arbitrage annual colloquium ‘Should arbitration in investment protections treaties be forsaken?’.
For more information about the event click here
DRBF Conference Paris
On 23rd March 2018, Paul Battrick – Quantum Diales Expert, will attend this years’ DRBF Conference which will take place in Paris, France.
The conference will focus on the application of Dispute Boards, first-hand experience with new developments across the world, and the unique preventive role that Dispute Boards offer.
More information about the DBRF Conference can be found here.
If you would like to arrange to meet Paul at this event, please contact us on firstname.lastname@example.org
JACOB’S LADDER is a new sculpture designed by Gerry Judah and engineered by Diales for Gibbs Farm Sculpture Park, New Zealand.
This is yet another collaboration between Diales and Gerry Judah after the success of both the BMW and the Bernie Ecclestone centrepieces for the 2016 and 2017 Goodwood Festival of Speed. The BMW sculpture earned Diales a commendation in the Structural Artistry category from the Institute of Structural Engineers at the 2017 IStructE Awards. Other works recently completed or under construction are a sculpture for Porsche cars at Ascot racecourse, a sculpture for a private collector in Mexico, and another spectacular installation currently in progress for the 2018 Goodwood Festival of Speed.
The Diales team of Bruno Postle and Hooman Baghi, led by Stuart Macdougald-Denton and Stuart Holdsworth, are experts in the field of light-weight, slender and high-performance structures – along with the use of computerised design techniques and Building Information Modelling (BIM) for delivering high precision complex geometries.
Gibbs Farm is a thousand-acre private sculpture park near Auckland on the North Island of New Zealand. The farm features over thirty monumental sculptures from a roll-call of top international contemporary artists including Richard Serra, Anish Kapoor and Andy Goldsworthy – a roll-call now graced with this elegant new piece commissioned from Gerry Judah. Alan Gibbs is a New Zealand businessman, entrepreneur and art collector who has been assembling the Gibbs Farm collection for twenty-six years.
Gerry Judah is a British artist and sculptor who has exhibited in many locations including the Imperial War Museum and St Paul’s Cathedral. Gerry is also responsible for the last twenty-five years of increasingly spectacular centrepiece sculptures for the annual Goodwood Festival of Speed, latterly assisted by Diales.
JACOB’S LADDER is 34 meters (112 feet) high and weighs 46 tonnes. Made from 480 lengths of steel, stacked one on top of each other, each slightly different in length and size, shifted and rotated relative to the layer below, ultimately producing the final gracefully curving shape – this despite the components themselves all being simple straight steel sections. To achieve this effect Diales created custom software that generated the smooth curved shape, and sliced this shape into layers of varying thickness, all in order to assemble both a structural analysis model and precise cutting and assembly instructions.
The sculpture is on top of a hill in an extremely inaccessible location. The structure needed to account for both tropical cyclones and earthquakes, and was designed to British Standard, Eurocode and local Australian/New Zealand Code of Standards. This was a challenging project delivered on-time and on-budget to the highest levels of detail with an immaculate finish. Due to logistical and on-site constraints, the Diales team provided detailed design including splice-connections and welding to coordinate with the local contractor’s safe method of construction.
For further information, please contact email@example.com
CLIENT : GIBBS FARM SCULPTURE PARK
DESIGN : GERRY JUDAH
ENGINEERING : DIALES
FABRICATION & INSTALLATION : GRAYSON ENGINEERING
PROJECT & SITE MANAGEMENT: PETER BOARDMAN
PHOTOGRAPHY : DAVID HARTLEY-MITCHELL
Diales would like to congratulate Hooman Baghi, Associate Director, and Technical Directors, Tom Harrison and Simon Richards, who have all successfully obtained further professional recognition within the industry.
Tom Harrison was awarded membership of the American Society of Civil Engineers (M.ASCE), Hooman Baghi was awarded membership of the Institution of Civil Engineers (CEng MICE) and Simon Richards is now a Senior Member of the American Institute of Chemical Engineering (SMAIChE) and a Member of the Institute of Engineering and Technology (MIET).
Diales welcome two new experts
Diales would like to welcome two new Diales experts:
- Ben Chamberlain – Technical Expert
- Mark Stevenson – Quantum Expert
Mark Stevenson is a Chartered Quantity Surveyor and a Chartered Civil Engineering Surveyor, based in Bristol, with over 30 years’ experience in the engineering and construction industry.
Ben Chamberlain is a Chartered Architect, based in London, with over 25 years’ experience in private architectural practice in a wide range of building sectors.
Diales host drinks reception
On 28th September 2017, Diales hosted a drinks reception at the Houses of Parliament, where an enjoyable evening was had by all who attended. Highlights of the evening included guided tours of the Houses of Parliament, and we were very privileged to have Sir Vivian Ramsey as our keynote speaker.
Diales Technical awarded a commendation
Diales Technical were awarded a commendation for the « BMW sculpture for the 2016 Goodwood Festival of Speed » in the Structural Artistry category at the 2017 Structural Awards on Friday 17th November 2017.
This was in recognition of their engineering support of the sculptor Gerry Judah, the creative genius behind the Goodwood Festival of Speed’s breath-taking, centerpiece sculptural creations. They’ve been working with Gerry on these projects for a number of years and always rise to the challenges that Gerry’s vision delivers.
The Judge’s comments:
« The new sculpture for the Goodwood Festival of Speed comprises three curved triangular sections, each of which supports a car at their tip. The sections are constructed from rolled steel. The geometry has been conceived so that all of the section sides are developable surfaces that can be fabricated from flat sheets which are rolled into curves to achieve the final form. The steel sheets were laser cut and welded together into the triangular section which provides all of the required strength and stiffness for the structure.
The sculpture is a fusion of art and engineering, and shows an understanding of structural design and manufacturing technology, along with the practical knowledge of efficient construction. »
With Mark Wheeler, Head of Diales and Global Chief Operating Officer at Driver Group, adding:
“We always knew that we had a world-class team of experts working in the Diales technical team, and it’s a pleasure to see their hard work and expertise recognised by their professional body. I know the team really enjoy the work that they do on these innovative projects, alongside their day-to-day activities supporting our clients with their technical expertise.”
For more information or to see the list of categories and winners, click here.
Dutch Arbitration Day 2017
On 14th September 2017, Mark Castell – Delay and Quantum Diales Expert, will attend this years’ Dutch Arbitration Day which will take place in Amsterdam.
This years’ event marks the fifth anniversary of the Dutch Arbitration Day and will focus on the latest developments in the areas of advocacy and evidence, bringing together international arbitration practitioners as well as academics and in-house counsel.
Leaders in the field of international arbitration will share their views and provide practical insights. They will cover topics such as; effective oral advocacy, (cross-) examination of witnesses and experts, and preparation and presentation of written testimony and expert evidence. The conference will take place in an interactive setting and will provide an excellent environment for participants to tap into the experience of seasoned practitioners from various jurisdictions.
More information about the Dutch Arbitration Day can be found here
For more information about Mark’s Expert Witness work please click here
If you would like to arrange to meet Mark at this event, please contact us on firstname.lastname@example.org
Why Do Many Experts Fail at Being ‘Independent’?
We are delighted that Paul Taplin, Head of Diales (Middle East), has had his article “Independence Day: Why Do Many Experts Fail at Being ‘Independent’?” published in Lawyer Monthly magazine, where he discusses the difficulties faced when choosing, and acting as, an Expert Witness.
To read the full article please click here
2017 Construction Law Review
John Mullen, our Diales principal and one of our quantum experts, has been published in the 2017 Construction Law Review writing on the subject of the financial effects of delay. To read his article in the Construction Law Review click here.
Diales technical shortlisted for Small Projects and Structural Artistry Structural Awards 2017
Diales technical have been shortlisted in the following categories; Small Projects (of under £1 million) and Structural Artistry at the Structural Awards 2017 for their BMW Sculpture 2016 Goodwood Festival of Speed.
The winners will be announced at a gala awards dinner in November in London.
The Institution of Structural Engineers has been celebrating structural engineering excellence for over 50 years. The Structural Awards recognises the most talented structural designers and their indispensable contribution to the built environment, from large awe-inspiring landmark structures to small local projects. Winning an award is a symbol of excellence that is recognised around the world.
To view the full shortlist or for more information please visit The Structural Awards website.
Diales has turned five!
Five years ago, Driver Group announced a new approach to the delivery of construction Expert Witness support services and Diales was born. A service that would bring together world-class experts in the fields of delay, quantum, and technical and provide support through a dedicated team, when clients needed it most.
Diales launched with twelve highly-regarded and highly-skilled experts, with published authors[i] John Mullen and Peter R Davidson amongst them. The team grew as launches followed in Asia and the Middle East and more experts joined them across Driver’s worldwide network of offices from Australia to Canada.
Today, the number of Diales experts is closer to 40. The technical team, headed by Stuart Macdougald-Denton, has a dedicated team of researchers, engineers, and architects; many of whom regularly share their wisdom and experiences in the pages of the Driver Trett Digest as well as through social media posts and presentations (a couple can even help make cars fly![ii]).
For a five-year-old, Diales has thrived and developed well, adding further new services and skills and supporting a diverse and fascinating range of clients and disputes around the world.
Head of Diales and Global Chief Operating Officer for Driver Group, Mark Wheeler said:
“The last five years have passed very quickly, and I am delighted to see Diales exceed our expectations year on year. The recent addition of the highly successful technical team has underlined our commitment to this service, and we are excited about the future with new services planned for the next two years…”
ICC 1st European International Arbitration Conference
Paris hosted its first Arbitration Week between 24 April 2017 and 28 April 2017. The week commenced with the ICC 1st European International Arbitration Conference; this was similar to the events that Diales already sponsor in the Middle East, Far East and the US. Diales were Platinum sponsors of the event, which was attended by 260 delegates from around the world.
The evening saw the opening cocktail party for the Arbitration Week, attended by over 670 delegates. Those that attended early enough were treated to an opening address given by Mark Castell, Regional Head of Diales – Europe, alongside others from the world of arbitration in Paris.
Kuala Lumpur International ADR week
Diales will be the lead sponsor of Kuala Lumpur International ADR week (KLIAW) from the 15th -17th May in Bangunan Sulaiman, Kuala Lumpur.
The theme of the week is “Redefining ADR: Asia and beyond” and will include interesting seminars on; the new KLRCA Arbitration Rules 2017; a reflection on the 2016 international Arbitration market; an interactive session about the “One Belt One Road” initiative and also the Kuala Lumpur Regional Centre for Arbitration’s (KLRCA) Construction Industry Payment and Adjudication (CIPAA) conference.
For more information about the event click here
To arrange a meeting with one of our Experts during the week please email