Charles O’Neil – Risk Management, PPP & ADR highlights

• 2023 – London U.K. – Peer review of a Practice Paper on the use of Party Appointed Experts, prepared by two prominent Experts for publication in 2023 by the U.K. Academy of Experts.
• 2022 – Melbourne Australia – Disputes Tribunal appointment on the North East Link Project, Australia’s largest PPP infrastructure project at $11.0bn, in the north-eastern suburbs of Melbourne.
  
• 2022 – New Zealand – The Puhoi to Warkworth PPP Road Project (National Highway 1) – appointed 2018-2022 as an Independent Expert on the Accelerated Dispute Panel for resolution of disputes by Expert Determination.
• 2022 – Sydney Australia – client adviser on a two separate construction projects with serious contractual and cost problems; one being a high-rise and the other an educational facility.
• 2022 – Sydney Australia – advising an investment group and their lawyers on strategies relating to a disputed claim against a NSW State Government department.
• 2022 – U.S.A. and Singapore – client adviser to a Singapore registered company with operations in the U.S. that was sued for damages by a New York party on the basis of non-compliance with U.S. consumer goods website regulations. Case dismissed for no merit in the claim, but time-consuming and expensive for my client.
• 2021 – despite Covid-19 (or maybe because of it!) we had a very busy year with consulting and ADR appointments globally – no international travel, but lots of time on Zoom, Teams, WhatsApp, FaceTime, etc.
• Dec 2021 – Melbourne University Law School – Guest Lecturer with the Master of Construction Law Class on global construction trends and major infrastructure risk management.

• November 2021 – wrote a review of Dr Donald Charrett’s new book “Contracts for Construction and Engineering Projects” for the International Construction Law Review

• 2020 – Paper on “Avoiding Project Disasters and Insolvencies – it’s your choice!”, written jointly with Ian Williams and published in Construction Law UK in May and ACICA Review, Australia, in August.

• Australia– new appointments – client adviser on a land zoning and valuation dispute; client adviser on construction project with serious contractual and cost problems.
  

• 2019 –“Global Construction Success”- Written & Edited by Charles O’Neil, with 17 industry leaders

  Click here for the Description, Contents and Reviews

  International Construction Law Review – Dr Donald Charrett

  “A unique book …… a very practical book …… identifying the behaviours and processes that result in successful projects …… has something of importance for all the stakeholders”

   

• London – Guangxi China delegation of 35 PPP investors – I presented  a day of lectures and case studies on infrastructures investment due diligence and risk management

• Kingston University London – at the invitation of Dr Behrouz Zafari, Faculty Director, I presented 12 hours of lectures to The Masters of Civil Engineering class of 80 studentson risk management for major infrastructure projects, with good and bad case studies. Also in 2016, 2017 and 2018 –Course Outline

• 2018 – New Zealand – appointed to the Accelerated Disputes Panel for the Puhoi to Warkworth Motorway PP
  

• The Construction Law Journal (U.K.) Vol. 33 (2017) published “The Duties and Responsibilities of Expert Witnesses” by Charles O’Neilhttp://www.sweetandmaxwell.co.uk/our-businesses/docdel.aspx. Also published in the ACICA Review (The Australian Centre for International Commercial Arbitration) https://acica.org.au/wp-content/uploads/2017/06/ACICA-Review-June-2017.pdf And in the Spring Edition of theJams International Newsletter in the United States

• 2017 – Oxford University – I provided a day of lectures and case studies on PPPs to a delegation of senior managers from the Bank of Guangzhou.The content included: risk allocation principles, viability analysis and bank due diligence; managing different stages of PPPs, key factors for successful PPPs, resolving issues and disputes

• Middlesex University– webinar – I was a guest participant on “BIM technology and its application to risk management” – invited by Dr Noha Saleeb, MSc Building Information Modelling Management, School of Science & Technology

• Melbourne University Law School– at the invitation of Matthew Bell, Co-Director of Studies, I provided a session on ‘good and bad’ case studies of international projects to the Masters of Construction Law class. Also in 2016.

• 2016– Beijing Arbitration Commission – panellist at the BAC London Summit and spoke on “Implementing PPPs successfully – including areas of risk with potential for dispute or failure”

• Beijing Arbitration Commission – appointed to a sub-committee to review the BAC Dispute Board Rules

• UK – Mersey Gateway Bridge – appointed to the Construction Panel (DAB)

• 2015 – Stanford University’s Masters of Civil Engineering and Global Projects Centre – guest lectured on my recently published book “Human Dynamics in Construction Risk Management”. Professor Gary Griggs commented that the sessions were of great value in understanding new and innovative approaches to project management and the role of human dynamics in risk management.

• 2014 – Gautrain Rapid Transit PPP Project South Africa – appointed as an independent expert to undertake an analysis and interpretation of the terms of the PPP Agreement in respect of a delay and disruption costs claim under arbitration.

• Houston, U.S.A.– adviser on risk management processes for an EPC company in the oil, gas and petrochemical industry.

• ResoLex Holdings UK – appointed to the Advisory Panel on risk management and dispute resolution on construction projects.

• Port of Brisbane construction dispute – represented a sub-contractor in successfully obtaining a disputed payment from a head contractor, invoking the “Queensland Building and Construction Industry Payments Act 2004″.

• CIARB Presidential Property Dispute Panel – appointed to the UK Panel.

• 2012-13 – appointed by an East African Government as independent negotiator for the settlement of multiple construction disputes between the gov’t and two foreign contractors. As part of this process, I wrote six Expert Opinions on specific areas of interpretation and application of the amended FIDIC Contract. These Opinions were reviewed and accepted by the international law firms for the three parties to the negotiations. The Opinions formed the basis for settling many of the claims.

• 2011  – London Olympic Park – engaged in a team of three to undertake an independent review of the design and construction of the district energy supply and distribution contract at Olympic Park

• Charles O’Neil’s first book is more relevant than ever!

• The global construction industry is at the crossroads
• Margins are razor thin, competition is fierce
• Too many contractors are going bust
• Too many projects are incurring big losses