CURRICULUM VITAE. M. Stuart Macdougald-Denton

Transcription

1 expert witness and advisory services CURRICULUM VITAE Name: M. Stuart Macdougald-Denton BSc(Arch), DiplArch(Hons), RIBA, FRIAS, FCIArb, MAE Nationality: British Profession: Chartered Architect Position in Firm: Associate Director Key Expertise: Stuart is a Member of the Royal Institute of British Architects (RIBA), a Fellow of the Royal Incorporation of Architects in Scotland (RIAS), a Fellow of the Chartered Institute of Arbitrators (CIArb) and a member of the Academy of Experts. Previously, Stuart was a member of the RIAS s Contracts and Appointments Committee, and Insurance and Liability Committees, and retained by the RIAS to provide advice to other architects on contractual and appointment issues. He represented the Construction Industry Council on the DTI s 'Improving Payment Practices in the Construction Industry' task force, acted as a misconduct investigator for the Architect s Registration Board (arb) and sat on the Royal Town Planning Institute s Disciplinary Appeals Panel. In the past he has lectured on the CDM Regs and more recently on BIM. During his time practicing as an architect, Stuart was the masterplanner for an Andorran holiday village and mixed use developments in Bannockburn and Rosyth. He has led successful design teams, winning competition entries and gaining planning consents for schemes diverging from local and structure plans. He has managed housing, leisure, commercial and educational projects, from inception to completion, in London, Liverpool and Edinburgh, on-time and within budget. He ran his own practice for five years. In 2005, Stuart took his diverse experience and considerable expertise into constructing, first joining the Robertson Group as sole Design Manager on eight Dundee PPP Schools. He enjoyed unparalleled success in this role, and was promoted to Senior Design Manager, travelling around the various Robertson companies, setting up procedures, managing other Design Managers and various Design Teams, and troubleshooting site problems. He then moved to Kier Construction Major Projects, to become their Head of Design, to manage the Design Management Department throughout their portfolio of major projects. During both these periods of employment, Stuart was extensively involved in reviewing Employer s Requirements, value engineering solutions for tenders and developing D&B proposals for construction, which included the Stirling Prize-winning Sainsbury s botanical sciences laboratories in Cambridge, a 1480-cell prison complex, 18 schools, 3 hospitals, residential and student accommodation, offices and retail developments. After 7½ years with main contractors, Stuart is now back preparing independent reports and giving expert opinion in connection with construction litigation. For thirteen years before going into main contracting, Stuart had received over 80 appointments to act as an expert. Whilst most settled, on several occasions appearances in court were required; concerning disputes for woefully inadequate fire protection, acoustic separation and structural integrity of a social housing block, the unpaid fees of an architect following the abandonment of plans for a new premier football stadium, a Hotel leisure centre with orange water running from the roof into the pool and foul smelling changing rooms, a building that had to be demolished as it was initially built in the wrong location on the site, and two case of tenants falling through internal glass doors in council run accommodation. He also assisted in a mediation concerning mould growth and condensation in a private swimming pool, and received seven appointments to act as an Adjudicator. He was a member of the panels for construction adjudicators held by the Royal Incorporation of Architects in Scotland, the Chartered Institute of Arbitrators, the Royal Institution of Chartered Surveyors and the Construction Industry Council, and an examiner for the Chartered Institute of Arbiters, (exams in The Law of Contract, Tort and Evidence, and Arbitration Law, Procedure and Practice ). He was an invited guest lecturer at both of Edinburgh s Universities giving lectures to architecture students on contract management. page 1 of 8

2 expert witness and advisory services Education and Professional Memberships: The University of Greenwich (part-time) 1987/88 Oakfield Lane, Dartford, Kent Diploma in Architecture with Honours Dundee University & 1985/86 Perth Road, Dundee, Tayside Bachelor of Science in Architecture Member of the Society of Construction Law date Independent Lay Member of RTPI s Appeal Committee 2005 Represented the CIC at the dti s Improving Payment Practices in the Construction Industry 2005 Member of RIAS Insurance & Policy Committee Member of RIAS Contracts & Appointments Committee Represented RIAS at St. Giles International Festival Service 1997 & 2003 Nationally Elected RIAS Councillor EAA representative on the RIAS Council Council member of the Edinburgh Architectural Association, (EAA), EAA representative on the RIAS Membership Policy Committee Convenor of the EAA Membership Committee Deputy Convenor of the EAA CPD Committee P21/NEC Contract training, ADePT design builder, NavisWorks Simulate, Positive behavioural safety, SMSTS, environmental awareness, various management, presentation skills courses and much more. Dispute Resolution and Expert Witness Experience: Architect's Fees Reporting on compliance of the respective architects with the terms of their agreements when preparing feasibility studies, and the architects' subsequent entitlement to fees, in respect of the following projects:- 1. Football stadium - work became unnecessary/unviable as team was relegated; 2. Office Building - proved to be commercially unviable; 3. Shopping Centre - planning permission refused as green field site; 4. Farm Steading Conversion - planning permission refused as scheme overdeveloped the site; 5. New Hotel - unbuildable and grossly over budget scheme prepared; 6. Workers' Social Club Extension - scheme considerably outstripped the client's budget; 7. Domestic extension - design proposed considerably outstripped the client s budget; and 8. New House - House demolished after it was built too close to a boundary. Church Hall Roof Inspecting and Reporting on defective construction of Church Hall and other ancillary accommodation. Assisting instructing Solicitor and Counsel in the preparation of Pleadings. Inspecting and reporting at other times on water ingress. Advising on the appointment of expert Clerk of Work and Quantity Surveyor. Liaising with both for production of Reports and Costs, respectively. Recording evidence whilst remedial works in progress and liaising with other side's expert during same. Construction of Single Dwellings Three separate disputes concerning newly constructed single dwellings. Inspecting, analysing documentation and reporting on alleged defects in construction. page 2 of 8

3 Cost Overrun on Refurbishments of Flatted Residential Blocks expert witness and advisory services Analysing documentation and reporting on roles and responsibilities of parties in refurbishment of five Glasgow tenements. Defective Design & Build Construction Investigate and Report on defective construction at newly built head office building for developer. Negotiate with original contractor to carry out remedial work and inspect on completion. Defective Refurbishment of Mill Inspecting and Reporting on defective refurbishment of old mill building being converted into a function suite. Advising on pending litigation with Contractor, re. non-payment of Interim Certificate, and rights to arbitrate. Advise Clients on appointing of specialist Construction Lawyer and expert Quantity Surveyor and Mechanical Engineer. Liaise with appointed lawyer, expert Quantity Surveyor and Mechanical Engineer to compile list of defects and advise clients on magnitude of claim and likelihood of success. Defective Slating, Slate Clips, Aluminium Window System, etc. Three separate disputes concerning: 1. Inspecting and Reporting on defective slating and curtain walling system at a seven storey office development. Assist solicitor to draw-up Pleadings. Negotiating with original Contractor to carry-out remedial work. Recording evidence while downtaking, including liaising with expert acting for original architect. Advising the solicitor on betterment and responsibility of original architect for defects. 2. Record evidence while downtaking defective slating. Preparing Report recording the prevalence of the defects found during the Remedial work. Providing advice to the instructing Solicitor on possible betterment and responsibility of original architect for defects found. 3. Analyse documentation and report on influence of defective clips/deficient design of Spanish slate roof. Defective Tanking Inspection of building and reporting on defective tanking, including comment on roles and responsibilities of both architect and contractor in respect of defects. Defective Work at Castle Reporting on liability, of an architect being sued for failing to act with ordinary competence whilst commissioned to refurbish a Scottish Castle. Reports based upon analysis of documentary evidence and assessment of Pursuer's Expert's Report. Assisting solicitor with amendment of Pleadings. Defectively Refurbished Residential Properties (Five Separate Cases) Assess papers 'discovered' in long-running disputes and preparing Reports on the relevance of these documents. Investigating ineffective treatment of dry rot during the previous Refurbishment Contracts and preparing Reports. Analysing Contract documentation for breaches in the Building Regulations and British Standards. Assisting in the amalgamation of various Reports dating back up to six years, for lodging in Court as one all-encompassing Report. Advising the client on investigations and remedial works. Implementing remedial works. Preparing brief schedule of remedial work as Report, for lodging in Court. Preparing Reports on the prevalence of the defects found during Remedial Work. Preparing Scott schedule to crossreference remedial works with defects noted in the Record. Investigating and reporting on numerous defects. Assisting solicitor in preparation of Pleadings. page 3 of 8

4 Defects in Metal Deck Roof and other areas expert witness and advisory services Investigating and Reporting on various defects in newly constructed headquarters building of high tech electronics company. Assisting in settlement of payment for remedial work through retention of money from Contractor's Receiver. Defects in Single-ply Membrane Roof Investigating and Reporting on various defects in newly constructed 13,900m² electronics production facility building. Assessing remedial works required and assisting in settlement with original contractor. Domestic Property Inspecting and Reporting on incomplete works in domestic property after a developer erected flats on adjoining ground, but failed to adequately address construction implications of flats on the domestic property. Advise and obtain prices for remedial works required. Excessive Use of Architect s Instruction Two separate disputes where a contractor sued the client for disruption costs and an extension of time, with resultant loss and expenses, as a result of the architect issuing an inordinate number of Instructions. Excessive Standards Inspecting and Reporting on building work, where architect was insisting on the contractor achieving higher standards than required by the contract. Identifying relevant events generally throughout contract to assist in the preparation of a claim for extension of time. Final Certificate - Housing Association Reporting on liability of two different firms of Architects being sued by a Housing Association for failing to act with ordinary competence when administering their respective Contracts after the sequestration of the Building Contractor. Reports based upon analysis of documentary evidence. Food Production Facility Investigation and Reporting on defective concrete floor in newly constructed food production facility. Advising client on remedial work required & assisting in negotiations with original contractor to rectify defects. Hotel Development Inspecting and reporting on allegedly defective/poor quality external rendering, as part of 2million Arbitration. Assisting solicitor, meeting experts, exchanging reports and giving evidence at arbitral hearing House Refurbishments Reporting on Architect and Building Contractor's compliance with the terms of their respective Contracts after appearance of construction defects at end of Contract Work; report based upon analysis of documentary evidence. In respect of two entirely separate disputes; investigating and reporting on defective building work at private domestic properties. Advising instructing Solicitor on drafting of Pleadings. Attending meeting with original Architect and Building Contractor to negotiate settlement. Leisure Centre 2no. Investigations into water ingress at swimming pools, advising on condensation risk in swimming pool buildings, reporting on cause and responsibilities. Assisting and giving evidence in one Commercial Court action and one Mediation. page 4 of 8

5 New Housing Association Flats Two separate disputes concerning: expert witness and advisory services 1. lnspection and reporting on water ingress and defective fire separation in newly constructed flats, including assisting solicitor and counsel with pleadings and settlement. Implementing remedial work. 2. Reporting on alleged defective sound insulation, in residential properly in Aberdeen. Meeting with instructing Solicitor, Building Contractor, Architect and his PI Insurers to negotiate settlement. Party Wall Collapse Inspecting and Reporting on incomplete remedial work in a flat after insurance work had been certified complete by Supervising Officer. Remedial Works were instructed by an insurance company following collapse of the gable wall of the flatted residential block. Personal Injury Claims Ten separate personal injury claims, for: 1. 5 cases of tenants falling through glass doors; 2. Member of the public falling over roughly laid temporary pavement at façade retention work; 3. Member of the public falling over inadequately marked temporary work at a shopping centre; 4. Tenant not be able to escape through a flat window in a fire, (restrictor catch); 5. Guest falling to death out of an unguarded hotel window; and 6. Construction worker falling out of a window while chipping plaster from reveals. Services Diversion Preparing Report on competencies of an architect's actions in relation to the proximity of new construction work to overhead power lines and the subsequent need to re-route the power lines underground. Stable Conversion Reporting on competency of an architect's actions in advising his client on course of action when appointing a building contractor. Report based upon analysis of documentary evidence. Sub-contract Design Liability Providing an opinion in respect of the employment of a third party draughtsman, by a sub-contractor, as to whether the draughtsman carried out any of the design work and incurred design liability. Two Cases of Plagiarism Inspect and Report on accusations of Restaurant Design Plagiarism. Inspect, assess design drawings of two companies and Report on Housing Design Plagiarism. Adjudications Stuart has also been the Adjudicator (under the Housing Grants Construction and Regeneration Act) in seven disputes, involving:- 1. Alleged Defective Render & Programme Delays; 2. Extension of Time Claim in respect of new Retail Development; 3. Defective refurbishment and extension of Church Halls; 4. 3no. cases of non-payment of architect s fees following abortive developments; and 5. Deciding that the referred dispute was not one capable of being adjudicated upon, under the Act. page 5 of 8

6 Historic Buildings Advice expert witness and advisory services Detailed research to assess the architectural & archaeological significance of buildings occupying a number of potential building sites. Thereafter provided the necessary support to the design team to assist in the successful gaining planning consents. Analytical reports were prepared in support of Planning applications and expert witness evidence given at planning inquiries. Some past examples included:- 1. Listed Steading Buildings on Quarry Survey and Report on Historical and Architectural Importance of Listed Steading Buildings. Prepare proposals for their reconstruction and refurbishment on alternative site. 2. Retail Park Development Inspecting and reporting on Historical and Architectural Importance of extensive grouping of military buildings, (including one Listed), in connection with a Planning 3. Supermarket Development Inspecting and reporting on group of Listed Buildings in connection with a Planning Appeal. Advising instructing Solicitor on merits of buildings and negotiating with Client on retaining and re-using of more buildings than originally envisaged, to placate Planning Authority and Historic Scotland. Successfully convincing Reporter that remaining Buildings were sustainable alongside new development. 4. Supermarket Development Inspecting and reporting on a Listed Building in connection with a Planning Application. Advising Client on ways to placate Planning Authority and Historic Scotland. Submitting new Planning Application to dismantle and rebuild Listed Building on alternative site. 5. Supermarket Assess and report on Historical and Architectural Importance of Listed Building. Determined that building described in listing was not the one at the address specified and actually related to a building of a similar date around the corner and not on the development site. As a result, successfully negotiating with Historic Scotland for its demolition. Professional Experience Qualified Architect working mostly in private practice for seventeen years, then working in design management for major building contractors for the last seven, before joining Capita in As a design manager, working on projects from 5million to 200million, working on Primary, Secondary and Tertiary Education, Laboratories, Commercial Offices, Healthcare, Defence, Custodial, Student Accommodation, Retail, Residential, Facilities for the Emergency Services, Leisure, Waste Treatment and Redevelopment Master Planning. Managing the 25 strong Kier Construction Major Projects Design Management Department, at their onsite or bid-team locations, on projects varying from 30million to 200million. Central to re-writing pre-construction and construction processes for the whole of the Kier Construction Division s (eight Regional Businesses, Major Projects and the Infrastructure & Overseas Business). The driving force behind the standardisation of consultant appointment scopes and design responsibilities matrix across the whole of the Kier Construction Division. One of five wise men selected from across the Kier Construction Division to validate the readiness of Kier s BimXtra software for mandating across the business. One of a small team of senior managers selected from across Kier to strengthen procedures to ensure a major accident (thankfully with no serious injuries or fatalities) couldn t happen again. Delivering presentations on BIM at architectural, legal and construction wide seminars. page 6 of 8

7 expert witness and advisory services Kier Construction Major Projects May 2008 April 2013 Sandy, Bedfordshire based (roving nationally) Head of Design Managing up to 25 members of Kier Construction Major Projects Design Management Department, at their on-site or bid-team locations, where each design management team is responsible for a major project, varying between 30million to 180million. Writing design delivery, co-ordination, collaboration, compliance, CDM and BIM text for bids and PQQ s. Developing pre-construction and construction phase process maps across all project disciplines, with specific activity description text for all design management lead activities and for the design management role within all other activities. Enhancing consultant supply chain and consultant appointment procedures, Re-writing consultants scope of services to differentiate between PFI, 2-stage and single stage tender situations, re-writing the design responsibilities matrix, disseminating best practice and innovation information, liaising with heads of design in other Kier Group companies and generally developing/ improving the delivery of Kier Construction Major Projects design management function. Robertson Group Limited November 2005 April 2008 Dundee based (roving to Elgin, Aberdeen, Stirling & Newcastle) Senior Design and Build Manager Preparing Contractor s Proposals, Disruption Management Plans and collating all related documentation for Financial Close on Dundee Schools PPP. Liaising with PPP Client to ensure that the proposals met their requirements, and negotiating changes where necessary. Advising PPP legal team on contractual, boundary, and other relevant issues, so appropriate Works Compensation Event triggers could be built into the Project Agreement. Ensuring the design developed to construction information status, so RDD was minimised, and getting all drawings & specifications approved by the PPP Client. Setting up procedures. Managing other Design and Build Managers. Managing various Design Teams. Trouble shooting site problems. M-D Architecture February 2001 October 2005 Edinburgh Principal/Architect/Construction Litigation Consultant/Planning Supervisor Principal of Architectural Practice, managing architectural and interior design projects from 250K to 5m. Senior Consultant of the Construction Litigation Consultancy, including acting as Adjudicator, Arbiter, the preparation of independent reports and giving expert opinion in connection with construction litigation; building and document analysis. Responsible for the Marketing and Implementation of the Planning Supervisor Service within the Practice. Holmes Partnership, Architects December 1998 January 2001 Edinburgh Partner Designate/Architect/Construction Litigation Consultant/Planning Supervisor Executive Architect for Edinburgh Schools PPP. Project Architect on a range of project types and sizes. Responsible for management of Edinburgh Office. Senior Consultant of the Construction Litigation Consultancy. Senior Planning Supervisor. Hurd Rolland Partnership, Architects August 1993 November 1998 Burntisland Fife Associate/Architect/Construction Technology Consultant/Planning Supervisor Member of Construction Technology Section, preparing independent reports and giving expert opinion in connection with Construction litigation, including building and document analysis. Head of the Planning Supervisors Unit. page 7 of 8

8 expert witness and advisory services Macdougald-Denton, Architects November August 1993 Edinburgh & Kirkcaldy Principal/Architect Projects included 12 bedroom annex to listed Hotel. Two individual detached houses, surveys and remedial works projects. The Michael Laird Partnership, Architects February November 1991 Edinburgh Architect Contract administration of city centre office development, design of a large office extension in Edinburgh listed business area. Ketley Goold Associates, Architects October February 1990 London NW1 Architect/Design Team Leader Head of four person design team for two successful University research part competitions, an Andorran holiday village and two office developments. Gale Heath Sinclair, Building Surveyors July September 1989 London, EC1 Architect/Associate Designate Refurbishment and new build Halifax Building Society projects. Design and site supervision of 25 flats, feasibility studies and Planning Applications. Dartford Borough Council, Architects Dept. September July 1987 Dartford, Kent Architectural Assistant Refurbishment of 22 council houses, specialist design and conversion for disabled tenants. Design of 25 dwelling sheltered housing development. page 8 of 8