Terence KWAN Nam-Wai. Managing Consultant Marco Consultants Ltd. Room 1301 Leighton Centre, 77 Leighton Road, Causeway Bay, Hong Kong.

Transcription

1 Terence KWAN Nam-Wai MA FRICS FHKIS FCIArb RPS(QS) Listed Arbitrator (HKIAC) Listed Adjudicator (HKIAC) Dispute Resolution Advisor (HKSARG) Chartered Quantity Surveyor Registered Professional Surveyor (QS) Mediator Managing Consultant Marco Consultants Ltd. Room 1301 Leighton Centre, 77 Leighton Road, Causeway Bay, Hong Kong. Tel: (852) Fax: (852) or Website: Dispute Resolution Training & Experiences Education and Training Professional Diploma in Quantity Surveying, Hong Kong Polytechnic (1987) Master of Arts Degree in Arbitration and Alternative Dispute Resolution, CityUHK (1997) Surveyor as Expert Witness Training, the Academy of Experts, UK (2000) Master of Cultural Studies, Lingnan University ( ) Chartered Arbitrator Pre-Panel Pupilage of the CIArb (UK) Construction Programming & Scheduling, Primavera P6, Primavera Incorporation, USA (2008) Appointments One mediator appointment (2001) Party Representative / Negotiator in 7 High Court cases in Hong Kong Party Representative / Negotiator in 5 Arbitration cases in Hong Kong Party Representative / Negotiator in 1 Mediation case between HKSAR and the Contractor Party Representative in 1 Adjudication case in Hong Kong Expert Witness in 18 litigation and 2 Arbitration cases in Hong Kong Dispute Resolution Advisor appointed by HKHA in 7 HKHA Contracts Dispute Resolution Advisor appointed by the HK Science & Technology Park Corp. Dispute Resolution Advisor appointed by WSD in 9/WSD/08. Dispute Resolution Advisor appointed by DSD in DC/2009/23. Adjudicator appointed by the HKIAC in 3 Consumer Dispute Cases from 2009 to 2010 One High Court appointment as the Court Assessor to the Hon Lam J in HCA 153/08 1

2 Qualifications 1990 Professional Associate, the Royal Institution of Chartered Surveyors (ARICS) 1999 Fellow of the Royal Institution of Chartered Surveyors (FRICS) 1999 Fellow of the Hong Kong Institute of Surveyors (FHKIS) 2000 Fellow of the Chartered Institute of Arbitrators (FCIArb) 2007 List of Arbitrator, Hong Kong International Arbitration Centre (HKIAC) 2007 Dispute Resolution Advisor of the HKSAR government 2008 List of Adjudicator, Hong Kong International Arbitration Centre Career Assistant Quantity Surveyor of Langdon Every & Seah Chartered Quantity Surveyors responsible for the pre and post contract QS and contract administration services Cost Engineer of Swire Haden Ltd. in the Queen Mary Hospital Extension project Quantity Surveyor of J.D. Kingsfield (Far East) Ltd. providing consultancy services for Shell Tsing Yi Terminal and City Polytechnic Phase I projects Senior Quantity Surveyor of Chun Wo Construction Co. Ltd. leading a team of quantity surveyors and overseeing the contract administration for the company as a whole Senior Quantity Surveyor of Wan Hin & Co. Ltd. working on the a number of projects including Hong Kong International Airport Phase I & II, NENT Landfill Access Road, Ap Lei Chau Cable Trench Works for the Hong Kong Electric Deputy Contracts Manager of China State Construction & Engineering Corporation responsible for the contract administration works for a number of building projects and the tendering for the New Chek Lap Kok Airport Terminal B302 for the BCJ Joint Venture who successfully obtained the tender Contracts Manager of Wanson Construction Ltd. in conjunction with Shui On Building Contractors Ltd. working as the team leader for the ASD Term Contract TCC 369 with a contract sum of over HK$300 millions Contract Manager of Wan Hin & Co. Ltd. working in Kwai Fong Development Phase IV, Lower Wong Tai Sin Development, Yiu Tung Estate Phase I & II, Tivoli Gardens at Tsing Yi, Tseung Kwan O Footbridge & Access Road, Nethersole Hospital, etc and representing the company extensively in several litigation and arbitration cases. 2

3 Career (Cont d) Managing Consultant of Marco Consultants Ltd. working as the principal in giving professional services to construction clients in the areas of quantity surveying, contract claim preparation and negotiation, contract advisory and legal liaison services, dispute resolution and expert witness in courts or arbitrations. Areas of Expertise Building and Civil Engineering Construction, Quantity Surveying, Construction Contract and Documentation, Quantum Analysis in Construction Claims, Delay Analysis and Dispute Resolution. Language Fluent in Cantonese and English, Conversant in Mandarin Other Relevant Experience Committee member of the Quantity Surveying Council of the Hong Kong Institute of Surveyors during 2000 to 2002 Dispute Resolution Advisor Appointments by the Hong Kong Housing Authority Contract No Foundation for Public Rental Housing at Un Chau Estate Phase 5 [Cheung Sha Wan Flatted Factory (West Portion)], DRAd Agreement No. CB (from 2008 to 2009) Contract No Foundation for Sha Tin Area 4c at Heung Fan Liu Street, Sha Tin, DRAd Agreement No. CB (from Jul 2009 March 2011) Contract No Foundation for Public Rental Housing at Ex-Cheung Sha Wan Police Quarter and Demolition of So Uk Estate Phase 1, DRAd Agreement No. CB (from Oct 2009 May 2011) Contract No Foundation for Public Housing Development at Tuen Mun Area 18, DRAd Agreement No. CB (from Jan 2010 Nov 2010) Contract No Construction of Public Rental Housing at Tai Pak Tin Street, Kwai Chung Area 9H, DRAd Agreement No. CB (from Nov 2010 Apr 2013 tentative) 3

4 Dispute Resolution Advisor Appointment by the Hong Kong Housing Authority (Cont d) Contract No Foundation for Public Housing Development at Tseung Kwan O Area 65B, DRAd Agreement No. CB (from Sep 2010 July 2011) Contract No Foundation for Public Housing Development at Shatin Area 52 Phase 2, DRAd Agreement No. Pending (from Jun 2011 July 2012 tentative) Other Dispute Resolution Advisor Appointments Contract No. P&F/WC/051 Hong Kong Science Park Building 20 Main Works appointed by Hong Kong Science and Technology Park Corporation and China Resources Construction Co. Ltd. (from Sep 2009 Apr 2011). Contract No. 9/WSD/08 Laying of Cross Harbour Main and Associated Land Mains from West Kowloon to Sai Ying Pun appointed by the Water Supplies Department (WSD) and the Wo Hing-Penta Ocean Joint Venture in September 2009 (from Jan 2010 Dec 2012 tentative). Contract No. DC/2009/23 Harbour Area Treatment Scheme Stage 2A Upgrading Works of Preliminary Treatment Works at North Point, Wanchai East and Central appointed by the Drainage Services Department (DSD) and Leader-Jardine Engineering Corporation JV in April 2011 (from May 2011 to Nov 2014 tentative) Appointment as Court Assessor by the High Court of the HKSAR Appointed by the High Court of the HKSAR in March 2011 for High Court Action No. HCA 153 of 2008 acting as the Court Assessor in assisting the Hon J Lam in presiding the hearing of the expert testimony by professional witness appointed by both parties and giving professional advice to the Court related thereto. 4

5 Mediation Experiences 2001 Mediator appointed by Lee Shing Yue Construction Co. Ltd. and Associated Engineers, Ltd. in successfully resolving a multi-million dispute Party Advocate and Representative for a dispute (i.e. sum in dispute in excess of HK1billion) between a Civil Engineering Joint Venture and the Hong Kong Government for a civil engineering and electrical/mechanical contract who performed duties in preparing position papers for the mediation, representing clients in a 4-day hearing and successfully reaching settlement thereafter. Adjudication Experiences 2009 Party Advocate and Representative for a dispute (i.e. sum in dispute in excess of HK12 millions) between joint venture parties of a Civil Engineering Joint Venture who performed duties in preparing position papers for the adjudication, representing clients in a 3-day hearing and successfully reaching settlement thereafter Adjudicator appointed by the HKIAC in 3 consumer dispute cases, names being withheld for confidentiality reason. 5

6 Expert Appointments 2001 Intended Litigation Appointed by Lau Chan & Ko Solicitors Quantum Assessment for the project of Proposed Office Building at Wanchai Road, Wanchai Hong Kong 2002 Intended Litigation Appointed by Lee Chan & Cheng Solicitors Quantum Assessment for the project of Residential Projects at 11 Pollock Path, The Peak, Hong Kong 2002 Intended Litigation Appointed by Taikisha Hong Kong Ltd. Quantum Assessment for the project of Transfer Room of 1/F., Southeast Industrial Building 2003 SCTC /02 Appointed by Sam Cheong Construction Co. Ltd. Investigation of the Cause of Accident 2003 Intended Litigation Appointed by Fat Cheong Construction Co. Ltd. Assessment of Extension of Time and Quantum of Claims for the project of Office Development at 21 Hillwood Road, Kowloon, Hong Kong 2003 HCA 1879 of 2002 Appointed by Lee Chan & Cheng Solicitors Quantum Assessment for the project of ASD Contract SS G369 for the Construction of a Primary School and the Fourth Secondary School in Siu Sai Wan, Hong Kong HCA 2658 of 2002 Appointed by Cheng Wong & Partners Quantum Assessment for the project of Tin Shui Wai Area 110 Phase I 2004 DCCJ 3590 of 2002 Appointed by Lee Chan & Cheng Solicitors Quantum Assessment 6

7 Expert Appointments (Cont d) HCA 4723 of 2003 (HCCT 82 of 2004) Appointed by Hanison Construction Co. Ltd. Quantum Assessment for the project of Renovation of Wylie Court at Homantin, Kowloon, Hong Kong with Court Attendance HCA 1432 of 2003 Appointed by Hop Tai Construction Co. Ltd. Quantum Assessment HCA 1678 of 2005 Appointed by Chak & Associates Quantum Assessment for Value of Workdone and Variations 2007 DCCJ 262 of 2006 Appointed by Chak & Associates Quantum Assessment of Extension of Time and Valuation of Variations 2007 HCCT 35 of 2006 Appointed by Associated Engineers Ltd. Quantum Assessment of the Valuation of Variations 2007 DCCJ 3557 of 2006 Appointed by Mike So, Joseph Lau & Co. Solicitors Expert Report on Liability of Repair Works in Common Areas of Building 2007 DCCJ 6297 of 2006 Appointed by Tse & Associates Quantum Assessment of Valuation of Variations 2007 DCCJ 5435 of 2007 Appointed by Tse & Associates Quantum Assessment with Court Attendance 2007 DCCJ 6532 of 2005 Appointed by Huen & Partners Solicitors Quantum Assessment of Valuation of Workdone 7

8 Expert Appointments (Cont d) 2007 DCCJ 1955 of 2006 Appointed by Huen & Partners Solicitors Quantum Assessment of Valuation of Workdone with Court attendance on 04/10/ DCCJ 5823 of 2008 Appointed by Huen & Partners Solicitors Quantum Assessment of Valuation of Workdone 2009 DCCJ 4302 of 2008 Appointed by Heng Wah (Hong Kong) Decoration Co. Ltd. Assessment of Defective Workdone and Quantum of Repair Works Court attendance on 26/11/ DCCJ 1463 of 2009 Appointed by Advance Specialists Treatment Engineering Co. Ltd. Quantum Assessment 2009 HCCT 7 of 2009 Appointed by Ip Kwan & Co. / Legal Aid Department Quantum Assessment 2010 HCA 153 of 2008 (Court Appointed Assessor) Appointed by the High Court of the HKSAR as the Court Assessor in assisting the Hon Lam J. in hearing and adjudicating the case with court hearing on 09/03/11 8