Yangtze River Tunnel – A Project Of E&C ... - Roof & Facade

SPECIAL FEATURE
●From page 7
This type of presentation develops
within the team an understanding of
how well (or not) they know their contracts;
it facilitates a lot of discussion
between the parties and in some cases
debate on how to handle a particular
situation. It is much more interactive
and what we discovered is that they
developed an understanding why certain
clauses are included in a contract
and why it is important to adhere to
their responsibilities/duties under the
contract and how that will protect their
risks.
ICA: What is the market for Construction
claims in projects other than infrastructure
and what is the justification for such activity,
in the backdrop of the infrastructural
boom in Asia?
Mr. Brells: While there are claims and
contentious work out there, the market
here is not for construction claims but
rather provision of construction consultancy
services that help avoid or mitigate
claims. Remember our roots are
avoidance of problems and this involves
contract administration, project
controls, etc. We can provide more help
from the front end of a project rather
than as a post mortem effort. Although
we can help in that area as well.
Interestingly, we are seeing more
and more requests from clients for front
end assistance on all types of projects
from hotels/casinos, high rise towers
to oil and gas and mining.
ICA: Does Hill arbitrate on international
infrastructural disputes? Can you quote
any recent references?
Mr. Brells: We have staff that are arbitrators,
mediators and adjudicators and
have staff that provide expert testimony
on disputes involving airports,
roads, rail pipelines, power plants in
the Middle East, Latin America, Pakistan,
Europe, Australia, Vietnam,
China, Russia, Taiwan. The seat of arbitration
has been varied from the ICC
in Paris, the LCIA in London and SIAC
in Singapore and Stockholm.
Parties often choose arbitration a
method of resolving disputes because
of its confidential nature and therefore
as a firm we are not at liberty to mention
details of the clients or details of
the projects.
ICA: Does Hill involve in procurement
process also during the preconstruction
period?
Petronas Towers, Malaysia
Mr. Brells: Yes, as a PM and as a construction
consultant we have assisted
clients with improving their procurement
processes.
ICA: Portfolio of Hill does not speak
of QS. Any plans in future for incorporating
QS?
Mr. Brells: We have many QS staff within
Hill’s offices worldwide. A number of
our testifying experts come from a QS
and legal background. Here in Asia Pacific
region, I would estimate at the moment
about 33% of our staff as QS.
ICA: Project Labour Agreements or PLA
by Hill International – Can you define
them? How are they different from the existing
negotiation mechanisms in the respective
countries?
Mr. Brells: Hill has provided PLA support
services in more than thirty public
and private capital construction
projects totaling more than $18 billion
in construction costs wherein PLAs
have been utilized. The first of these
was the feasibility study conducted in
1994 by Hill for the New York State
●See page 9
8 ICA Volume 2 Issue 7 2008