MEDIATORS* ARBITRATORS* &* ADJUDICATORS* … Arbitration and Adjudication... ·...

1

MEDIATORS

ARBITRATORS &

ADJUDICATORS

UPDATED 2014

THE SOUTH AFRICAN

INSTITUTION OF CIVIL ENGINEERING

2

2. PROCEDURE FOR THE APPOINTMENT OF A MEDIATOR (In terms of clause 61(2) of the GCC – 1990/2004/2010 The Panel of Mediators is available to parties in a dispute to select a mutually acceptable mediator. They are advised that if they follow that route, the mediator selected should be a person known and acceptable to both parties. If the parties are unable to select someone, the President of the South African Institution of Civil Engineering will, upon request, nominate a mediator in terms of clause 61(2)(a). To enable the President to nominate a suitable person, the following information is needed: 1. The name of the engineer in terms of clause 1(m) of the GCC 2. A copy of the engineer’s written decision given in terms of clause 61(1) (c) of the GCC 3. Whether the engineer gave notice of his decision to the employer and the contractor in terms of clause 61(1) (c) of the GCC 4. The names of the persons who have already been considered and rejected as mediators by the parties 5. A brief description of the particulars of the dispute, including particulars of the contractors and parties involved in the dispute 6. The location of the subject matter of the dispute On receipt of the information, the matter will be placed before the President and when the nomination is made, the name of the mediator so nominated will be communicated to the party who requested the nomination. Both parties must then communicate directly with the mediator to ascertain whether he accepts the appointment and to agree with him upon the terms and conditions of appointment.

3

3. PROCEDURE FOR THE APPOINTMENT OF AN ARBITRATOR (In terms of clause 61(3) of the GCC – 1990/2004/2010 If the parties to a dispute fail to agree on an arbitrator, the latter shall be nominated by the President of the South African Institution of Civil Engineering, in terms of clause 61(3) (a), on application by either of the parties. To enable the President to nominate a suitable person, the following information is needed: 1. The information solicited in items 1 -‐ 6 above 2. The names of the persons who have already been considered and rejected as arbitrators by the parties 3. If the parties resorted to mediation, the name of the mediator On receipt of the information, the matter will be placed before the President and his nomination will be communicated to the party who requested the nomination. Both parties must then communicate directly with the arbitrator to ascertain whether he accepts the appointment and to agree with him upon the terms and conditions of appointment. Please address all correspondence to: Email: [email protected]

4

South African Institution of Civil Engineering Private Bag X200 HALFWAY HOUSE

1685

Dear Sir

GENERAL CONDITIONS OF CONTRACT: APPPOINTMENT OF MEDIATOR / ARBITRATOR / ADJUDICATOR

BY THE PRESIDENT OF THE SOUTH AFRICAN INSTITUTION OF CIVIL ENGINEERING

With reference to your request for the appointment of a mediator/ arbitrator/adjudicator, please complete the attached form and return the relevant documentation to the CEO to expedite the process. In addition to the completed application form, payment in the amount of R8500.00 per request is required. Please enclose a cheque for this amount made out to SAICE, or provide proof of payment with your completed application form. Receipt of payment is a prerequisite for the request to be processed. Yours faithfully M Pillay CEO SAICE SAICE Banking details:

Standard Bank Parktown Account number: 200 853 058 Branch code: 000355

5

APPOINTMENT OF MEDIATOR / ARBITRATOR/ADJUDICATOR IN TERMS OF GENERAL CONDITIONS OF CONTRACT (1990/2004/2010)

1. Names and particulars of the parties to the contract and the dispute: 1.1 Employer________________________________________________________ Address:_______________________________________________________________ Tel:________________________Fax:________________________Cell:_________________ E-‐mail:________________________________________________ 1.2 Contractor_______________________________________________________ Address:_______________________________________________________________ Tel:________________________Fax:________________________Cell:_________________ E-‐mail:________________________________________________ 1.3 Subcontractor if a party to the dispute

_________________________________________________ Tel:________________________Fax:________________________Cell:_________________ E-‐mail:________________________________________________ 1.4 Other parties to the dispute

________________________________________________________________ Tel:________________________Fax:________________________Cell:_________________ E-‐mail:________________________________________________ 2. Title and edition of General Conditions of Contract: _____________________________________________ 3. Engineers involved: 3.1 Name of engineer appointed in terms of the GCC ___________________________________________________________________________ Address____________________________________________________________________ Tel:___________________________Fax:____________________Cell:_________________ E-‐mail:___________________________________________ 3.2 Consulting Engineer appointed by the employer

6

___________________________________________________________________________ Adress:_____________________________________________________________________ Tel:________________________Fax:________________________Cell:_________________ E-‐mail:________________________________________________ 3.3 Other Engineers involved _________________________________________________________________________ __________________________________________________________________________ 4. Is this a request for the nomination of an Adjudicator, Arbitrator or Mediator? ___________________________________________________________________________ 5. Attach a copy of the decision of the employer’s engineer, the employer’s representative, the contractor or the subcontractor that lead to the request for arbitration, adjudication or mediation together with a copy of the clause in the contract concerning such a request. __________________________________________________________________________ 6. Give a brief description of the dispute:

7. Geographical location of the works as well as the municipal jurisdiction of the location of the works: __________________________________________________________________________ 8. Name of the party submitting this form:

7

__________________________________________________________________________ Address____________________________________________________________________ Tel:________________________Fax:________________________Cell:_________________ E-‐mail:________________________________________________ 9. Indicate the names of arbitrators, adjudicators or mediators already considered by a party or parties but not accepted by one of the parties: __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________

10. Attachments to this application form: __________________________________________________________________________ __________________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________

8

EASTERN CAPE

MEDIATOR / ARBITRATOR PERSONAL INFORMATION

NAME: M RivarolaM Rivarola

ACADEMIC QUALIFICATIONS: Pr Eng, BSc Eng, (Mech) H.Dip.ArbPr Eng, BSc Eng, (Mech) H.Dip.Arb

MEMBERSHIP OF INSTITUTIONS/SOCIETIES:

SAACE, ECSA, SPE, MSAIMechE, SAACE, ECSA, SPE, MSAIMechE, MCorrlSAMCorrlSA, , MlorrISA, MAFSA, FELLOW ASS OF ARBMlorrISA, MAFSA, FELLOW ASS OF ARB, , NFPA, FPSANFPA, FPSA

POSTAL ADDRESS: 4 Belgrave Road, BELGRAVIA, EAST 4 Belgrave Road, BELGRAVIA, EAST LONDON, 5201LONDON, 5201

TEL NO: (Work) (Fax)

(0431) 7438 266 Cell:082 9007514(0431) 7438 266 Cell:082 9007514

(0(0431) 7430 599431) 7430 599

MEDIATOR (only)

PERSONAL INFORMATION

NAME: I L HuismanI L Huisman

ACADEMIC QUALIFICATIONS: BB Eng Eng (Civ (Civ ili l ) )


ECSA, CESA, ECSA, CESA, MSAICE; MSAICE; SAISC,IMESA, CSSASAISC,IMESA, CSSA

POSTAL ADDRESS: 120 Cape Road, Mill Park, Port120 Cape Road, Mill Park, Port Elizabeth, 6001 Elizabeth, 6001

TEL NO: (Work) (Work & Fax) (Cell) (Email)

(041) 373 5121(041) 373 5121 (041) (041) 373 5119373 5119

082 651 5610082 651 5610

[email protected]@huisman.co.za

OCCUPATION: Consulting Civil/Structural EngConsulting Civil/Structural Eng

PRINCIPAL AREAS OF EXPERIENCE:

Civil serviCivil services, building works and project ces, building works and project managementmanagement

PREFERRED AREAS OF INVOLVEMENT WITH MEDIATION:

One appointment at a timeOne appointment at a time

9

Email: Email: [email protected]@carifro.com

OCCUPATION: Consulting Engineer PrincipalConsulting Engineer Principal

PRINCIPAL AREAS OF EXPERIENCE: Contracts Contracts -- Construction Construction -- Professional Professional ServicesServices

As aboveAs above

MEDIATOR


NAME: M W WatsonM W Watson

ACADEMIC QUALIFICATIONS: BSc.(Eng), MPA, Pr Eng, C EngBSc.(Eng), MPA, Pr Eng, C Eng


FSAICE, MICE FSAICE, MICE

POSTAL ADDRESS: 26 Country Pace, Hawthorne Avenue, Sunridge 26 Country Pace, Hawthorne Avenue, Sunridge Park, Port Elizabeth, 6045Park, Port Elizabeth, 6045

TEL NO: (Work) (Fax) (Cellular) (email)

(041) 360 4408(041) 360 4408

((086 6710552086 6710552

(082) 750 7060(082) 750 7060

[email protected]@mweb.co.za

OCCUPATION: RetiredRetired Civil Engineer Civil Engineer


Local Government and Contract AdministrationLocal Government and Contract Administration , , Bridges Roads, and Water Supply Installations. Bridges Roads, and Water Supply Installations. Completed 14 mediCompleted 14 mediations and adjudications ations and adjudications relating to these matters.relating to these matters.


Any of the above.Any of the above.

ARBITRATOR


NAME: William Hendrik OlivierWill iam Hendrik Olivier

ACADEMIC QUALIFICATIONS: M.IngM.Ing (civil);(civil); MBAMBA ;FAArb;FAArb


MSAICE, ECSA. Pr Eng MSAICE, ECSA. Pr Eng Pr.Pr.CMP, FAArbCMP, FAArb

Commercial Mediator with Conflict Dynamics and Commercial Mediator with Conflict Dynamics and Africa Centre Dispute Resolution, CIDB Panel of Africa Centre Dispute Resolution, CIDB Panel of dispute Adjudicatorsdispute Adjudicators

POSTAL ADDRESS: P O Box 20307, Humewood, Port Elizabeth, 6013P O Box 20307, Humewood, Port Elizabeth, 6013

TEL NO: (Work) (Cellular) (Email)

(041) 403 0453(041) 403 0453

(08(0833) ) 593 5506593 5506

Will [email protected] [email protected]

10

GAUTENG

ARBITRATOR


NAME: JA CroswellJA Croswell

ACADEMIC QUALIFICATIONS: BSc (Eng)BSc (Eng)


MSAICE, MICE, MSAICE, MICE,

POSTAL ADDRESS: P O Box 480, Rivonia 2128P O Box 480, Rivonia 2128

TEL NO: (Work) (Fax) (Cell) (Email)

(011) (011) 236 3348236 3348

(011) 807 8535(011) 807 8535

083 4075109083 4075109

[email protected]@goba.co.za

OCCUPATION: CCivilivi l Engineer Engineer

PRINCIPAL AREAS OF EXPERIENCE: Township Township servserv iceicess ,, Labour Intensive Labour Intensive ConstructionConstruction

PREFERRED MATTERS OF INVOLVEMENT:

As aboveAs above

11

ARBITRATOR


NAME: Chris BinningtonChris Binnington

ACADEMIC QUALIFICATIONS: BSc Hons, MBL (UNISBSc Hons, MBL (UNISA)A)


F I MechE, FAAArbF I MechE, FAAArb

POSTAL ADDRESS: P O Box 84325, Greenside 2034P O Box 84325, Greenside 2034


(011) 8886141(011) 8886141

(011)8881068(011)8881068

082 807 4053082 807 4053

[email protected]@bca.co.za

OCCUPATION: Managing Director Binnington Copeland & Managing Director Binnington Copeland & AssociatesAssociates

PRINCIPAL AREAS OF EXPERIENCE: Construction claims in all disciplinesConstruction claims in all disciplines


No particular restrictionsNo particular restrictions

ARBITRATOR


NAME: PF CrowleyPF Crowley

ACADEMIC QUALIFICATIONS: FSAICE, F AarbFSAICE, F Aarb


FSAICE, F AarbFSAICE, F Aarb

POSTAL ADDRESS: P O Box 3808 Halfway HouseP O Box 3808 Halfway House


082 3734000082 3734000


OCCUPATION: Deputy Group MD LTA,Deputy Group MD LTA,

PRINCIPAL AREAS OF EXPERIENCE: General Construction, Civil Earthworks, General Construction, Civil Earthworks, Open cast mining, Mechanical Rail Open cast mining, Mechanical Rail MaintenanceMaintenance


South AfricaSouth Africa

12

MEDIATOR/ARBITRATOR


NAME: L A Errera Pr Eng (Int)L A Errera Pr Eng (Int)

ACADEMIC QUALIFICATIONS: Pr Eng, BSc (Eng) MSc (Eng) Dip. ArbitrationPr Eng, BSc (Eng) MSc (Eng) Dip. Arbitration


M SAICE, M A Arb, SASPEM SAICE, M A Arb, SASPE

POSTAL ADDRESS: P O Box 22056 Lyttleton 0140P O Box 22056 Lyttleton 0140

TEL NO: (Work) (Cell) (Email)

(011) 012 6672473(011) 012 6672473 083 3247059083 3247059


OCCUPATION: Structural EngineerStructural Engineer

PRINCIPAL AREAS OF EXPERIENCE: Civil works, water supply schemes, earthCivil works, water supply schemes, earthworks, works, storm water systems, l ight structural works, storm water systems, l ight structural works, reservoirs, claim and dispute management, reservoirs, claim and dispute management, project control, influence of constraints on project control, influence of constraints on abil ity to perform, contractual matters, abil ity to perform, contractual matters, alternative dispute resolution, mediations, alternative dispute resolution, mediations, arbitrations arbitrations


Any of the above and also issues relating to Any of the above and also issues relating to the role and obligations of the consulting the role and obligations of the consulting engineer both to the employer and the engineer both to the employer and the contractor.contractor.

MEDIATOR / ARBITRATOR


NAME: PIETER H DE BRUIN

ACADEMIC QUALIFICATIONS: B Eng (Civil)


ECSA, IMESA

POSTAL ADDRESS: BOX 13665, HUMEWOOD, 6013

TEL NO: (Work) (Cell) (email)

082 4477 669 082 4477 669 [email protected]

OCCUPATION: Civil Engineering, Contracts Management & Administration, Claims/Procurement-Specialist at PH de Bruin & Associates (Owner)


MUNICIPAL ENGINEERING, PROCUREMENT SPECIALIST, TENDER AND CONSTRUCTION LAW


Dispute prevention and resolution, appeals/objections iro incorrect awards

14



NAME: Ivor George Will iaIvor George Will iam Evansm Evans

ACADEMIC QUALIFICATIONS: BSc (Civil Eng) MBA; FAArbBSc (Civil Eng) MBA; FAArb


FSAICE; MICE; MIStructE; FAArbFSAICE; MICE; MIStructE; FAArb

POSTAL ADDRESS: P O Box 4603, Northcliff 2115P O Box 4603, Northcliff 2115

TEL NO: (Work) (email)

082 55974211 (home) 011 678 3059082 55974211 (home) 011 678 3059

[email protected]@iafrica.com

OCCUPATION: Consultant Engineers AffairsConsultant Engineers Affairs


Engineering contracts, Project Engineering contracts, Project Management; Quality Man; Dispute Management; Quality Man; Dispute Resolution; Business Management in Resolution; Business Management in Eng; General civil & structuralEng; General civil & structural


As aboveAs above

MEDIATOR


NAME: Andre FullardAndre Fullard

ACADEMIC QUALIFICATIONS: M.Eng (Civ) Pr Eng C.EngM.Eng (Civ) Pr Eng C.Eng


AIStructE; MSAICEAIStructE; MSAICE

POSTAL ADDRESS: 2259 Johann Rissik Drive, Waterkloof Ridge, 59 Johann Rissik Drive, Waterkloof Ridge, Pretoria, 0181Pretoria, 0181

TEL NO: (Work) (Fax) (Email)

082 7793387 082 7793387

012 4606555 012 4606555

[email protected]@telkomsa.net

OCCUPATION: Consulting Structural EnConsulting Structural Engineergineer


Structures, Building Consultancy, Structures, Building Consultancy, Forensic Engineering in Buildings and Forensic Engineering in Buildings and Building Structures.Building Structures.


As above As above

15



NAME: Andrew Lindsay Griffiths

ACADEMIC QUALIFICATIONS: BSc (Hons), MSc, MBA, HDip Arbitration


Fellow – SAICE

Fellow – ICE

Fellow – Association of Arbitrators (Southern Africa)

Member – Dispute Resolution Board Foundation (DRBF)

FIDIC President’s List of Approved Dispute Adjudicators

CIDB Panel of Dispute Adjudicators

ICE-SA Panel of NEC3 Dispute Adjudicators

CESA President’s List of Arbitrators, Mediators and Adjudicators

POSTAL ADDRESS: PO Box 103, Cramerview, 2060


Tel: 011 239 5731 (w) Cell: 082 786 3895 E-mail: [email protected]

OCCUPATION: Civil Engineer


Claims adjudication, dispute resolution, contract administration, contract finance and project management. Particularly dams, tunnels, water projects and general civil engineering works.

Over 35 years experience most of which involved large to mega-projects and multi-national joint ventures dealing with major international construction companies.


No preference

16

MEDIATOR


NAME: SJ GrovéSJ Grové

ACADEMIC QUALIFICATIONS: Pr Eng, Pr CPM, Pr CM, MLV Arb, BSc (Hons) Pr Eng, Pr CPM, Pr CM, MLV Arb, BSc (Hons) Eng, MSc, (Building Management) Property Eng, MSc, (Building Management) Property Development, Dip. TP, Development, Dip. TP,


MSAICE, MSAICE, MCESA, MECSA, NHBRC, MLV ArbMCESA, MECSA, NHBRC, MLV Arb

POSTAL ADDRESS: P O Box 257P O Box 257 La Montagne, 0814 La Montagne, 0814

TEL NO: (Work) (Fax) ( Cell)

(012) 803 4987(012) 803 4987

(012) 803 6552(012) 803 6552

082 561 1375082 561 1375

[email protected]@wr.co.za

OCCUPATION: Consulting Civil Engineer and Project Manager as Consulting Civil Engineer and Project Manager as Senior PSenior Partner of WR Partnership; WR Projects cc artner of WR Partnership; WR Projects cc and WR Khanya in a practice for 41 years.and WR Khanya in a practice for 41 years.


Contract Administration, Labour Intensive Work, Contract Administration, Labour Intensive Work, Civil Engineering and Project Management. Cases Civil Engineering and Project Management. Cases handledhandled


ThThroughout South Africa especially: Gauteng, roughout South Africa especially: Gauteng, Mpumalanga, North West, Limpopo available as Mpumalanga, North West, Limpopo available as Technical WitnessTechnical Witness



NAME: Simon Gerard Joubert

ACADEMIC QUALIFICATIONS: B. Sc. Eng (Civil), Fellowship in Arbitration (Association of Arbitrators)


Pr. Eng

MSAICE

F. A. Arb

POSTAL ADDRESS: 14 Armstrong Drive, Wembley, Pietermaritzburg, 3290


033 347 1600 082 827 8055 [email protected]

OCCUPATION: Civil Engineer, Director


Contract, Water Supply, Reinforced Concrete Structures, GCC, FIDIC

PREFERRED AREAS OF Water Supply, Reinforced Concrete Structures, GCC, FIDIC

17

MEDIATOR/ARBITRATOR


NAME: Neville GurryNevil le Gurry

ACADEMIC QUALIFICATIONS: BSc(Hons) Civil Engineering;MSc Advanced BSc(Hons) Civil Engineering;MSc Advanced Structural Engineering; London Business School Structural Engineering; London Business School (3 month course on Manage(3 month course on Management)ment)


FSAICE;MICEFSAICE;MICE

POSTAL ADDRESS: P O Box 391, Rivonia, 2128P O Box 391, Rivonia, 2128

TEL NO: (CELL) (Email)

08288172660828817266

Nevil [email protected]@gmail.com

OCCUPATION: Professional and Chartered EngineerProfessional and Chartered Engineer


MultiMulti --disciplinary Construction, Contracts and disciplinary Construction, Contracts and ClaimsClaims


Having had extensive experience in MultiHaving had extensive experience in Multi --disciplinary lumpsum turnkey Construction happy disciplinary lumpsum turnkey Construction happy to mediate on any construction or design related to mediate on any construction or design related issue.issue.


NAME: Daniel Johannes LourensDaniel Johannes Lourens

ACADEMIC QUALIFICATIONS: B Ing (Civil) Arbitration Certif icate, NQF Level 7 B Ing (Civil) Arbitration Certif icate, NQF Level 7 Labour IntensiveLabour Intensive


PrEng (ECSA),Pr CM (The South African Council PrEng (ECSA),Pr CM (The South African Council for the Project and Constructiofor the Project and Construction Management n Management Professions, FAARB; Professions, FAARB; MCESAMCESA

POSTAL ADDRESS: P O Box 76144, Lynnwoodridge 0040P O Box 76144, Lynnwoodridge 0040

TEL NO: (Work) (Fax) (Cell) (email)

012 012 361 4443361 4443

086 611 4499086 611 4499 083 2530142083 2530142 [email protected]@telkomsa.net

OCCUPATION: Prof Engineer, Prof Construction Manager, Prof Engineer, Prof Construction Manager, Consulting Engineer, Consulting Engineer, Expert Witness, Claims Expert Witness, Claims ConsultantConsultant

PRINCIPAL AREAS OF Thirty years experience in dispute resolutions Thirty years experience in dispute resolutions

18


NAME: Patrick Michael MacePatrick Michael Mace--LaneLane

ACADEMIC QUALIFICATIONS: B.A. LLBB.A. LLB


The Society of Advocates The Society of Advocates –– South Africa South Africa

Member of England, Scotland and Wales, Grays Member of England, Scotland and Wales, Grays Inn, LCIA, FAArb, FCAArb;FAArb (Southern Inn, LCIA, FAArb, FCAArb;FAArb (Southern Africa and Past ChairmaAfrica and Past Chairman, Arbitration Foundation n, Arbitration Foundation Southern Africa, The Korean Commercial Southern Africa, The Korean Commercial Arbitration Board, ICC International Chamber of Arbitration Board, ICC International Chamber of Commerce Court, Paris, Listed on the panel of Commerce Court, Paris, Listed on the panel of Arbitrators South Africa, Member of the Dispute Arbitrators South Africa, Member of the Dispute Resolution Board, USA, Listed Arbitrator of the Resolution Board, USA, Listed Arbitrator of the DDubai International Arbitration Centre, Ass ubai International Arbitration Centre, Ass Member of SAICE, Member of Technology Member of SAICE, Member of Technology Construction Bar Association ((UK) (TECBAR), Construction Bar Association ((UK) (TECBAR), Member of the Society of Construction Arbitrators Member of the Society of Construction Arbitrators (UK), Accredited Mediator of the General Council (UK), Accredited Mediator of the General Council Bar (UK)Bar (UK)

POSTAL ADDRESS: P o BP o Box 652668, Benmore, 2010ox 652668, Benmore, 2010

TEL NO: (Work) (Home) (Fax) (Cell) (email)

(011) 5350800(011) 5350800 (011) 4477281 (011) 4477281 (011) 7834474 (011) 7834474 [email protected]@law.co.za

OCCUPATION: AdAdvocatevocate


Construction LawConstruction Law


Construction and commercial disputesConstruction and commercial disputes

MEDIATOR

NAME: Thomas LloydThomas Lloyd

ACADEMIC QUALIFICATIONS: MSc (Eng)MSc (Eng) Wits Wits


Pr Eng. MSAICEPr Eng. MSAICE

POSTAL ADDRESS: 227 Columbine Ave, Mondeor 2091227 Columbine Ave, Mondeor 2091

TEL NO: (Home) (Fax) (Cell) (email)

(011) 680 (011) 680 99419941

011 680 3925011 680 3925


OCCUPATION: GeotechnicalGeotechnical EngineeringEngineering

19



NAME: H J MeyerH J Meyer

ACADEMIC QUALIFICATIONS: BSc Eng.(Civil), University of Pretoria, Pr Eng, BSc Eng.(Civil), University of Pretoria, Pr Eng, Association of Arbitrators Higher DiplomaAssociation of Arbitrators Higher Diploma


SAICE (Retired Fellow), SAACE (Retired SAICE (Retired Fellow), SAACE (Retired Member), Member), Association of Arbitrators (Fellow)Association of Arbitrators (Fellow)

POSTAL ADDRESS: P O Box 92, Newlands, 0049, PretoriaP O Box 92, Newlands, 0049, Pretoria

TEL NO: (Work) (Fax)

(012)348 3356 Cell0836444004(012)348 3356 Cell0836444004

[email protected]@intekom.co.za

OCCUPATION: RetiReti redred


Roads and related Civil Engineering work.Roads and related Civil Engineering work. Consulting engineering practice mattersConsulting engineering practice matters Traffic and TransportationTraffic and Transportation


As AboveAs Above



NAME: NAC NilenNAC Nilen

ACADEMIC QUALIFICATIONS: BSc Eng, Pr EngBSc Eng, Pr Eng


MICE, MSAICE, C Eng, FAAArbMICE, MSAICE, C Eng, FAAArb

POSTAL ADDRESS: P O Box 1343 Witkoppen, 2068P O Box 1343 Witkoppen, 2068


(011) 465 3601(011) 465 3601

082 6519958082 6519958

nn [email protected]@global.co.za

OCCUPATION: Civil Engineer, currently practising as a Civil Engineer, currently practising as a consultant specialising in dispute resolutionconsultant specialising in dispute resolution


DamsDams, roads, , roads, Railways, Railways, pipelines, heavy civil pipelines, heavy civil concrete works, structural steelwork, concrete works, structural steelwork, transmission linetransmission lines, thermal and hydro electric s, thermal and hydro electric power, marine works. 23 years in contracting..., power, marine works. 23 years in contracting..., 22 years as a consultant. Adjudication, 22 years as a consultant. Adjudication, arbitration, DABs mediation.arbitration, DABs mediation.


All of the above.All of the above.

20

MEDIATOR /ARBITRATOR


NAME: APC OosthuizenAPC Oosthuizen

ACADEMIC QUALIFICATIONS: Pr Eng, MICEPr Eng, MICE


FSAICE, MSAACE, A IstructEFSAICE, MSAACE, A IstructE

POSTAL ADDRESS: P O Box 650235 Benmore, 2010P O Box 650235 Benmore, 2010

TEL NO: (Work) (Cell) (Fax) (Email)

(011(011) 327 7682) 327 7682

082 565 2471082 565 2471

(011) 327 7682(011) 327 7682

[email protected]@icon.co.za

OCCUPATION: Civil EngineerCivil Engineer


Contract Administration: Bridge and Structural Contract Administration: Bridge and Structural Engineering, Pile/Geotechnical EngineeringEngineering, Pile/Geotechnical Engineering


Contract AdministContract Administ ration and Designration and Design



NAME: Advocate J OosthuizenAdvocate J Oosthuizen

ACADEMIC QUALIFICATIONS: B Com Law LLB Cert ARB FA ARBB Com Law LLB Cert ARB FA ARB


Gauteng of Society of Advocates; FAARB; Fellow Gauteng of Society of Advocates; FAARB; Fellow International SocieInternational Socie ty of Arbitrators and Mediators; ty of Arbitrators and Mediators; Member Gauteng Master Builders Association for Member Gauteng Master Builders Association for ArbitratorsArbitrators

POSTAL ADDRESS: P O Box 4048 RietvalleirandP O Box 4048 Rietvalleirand

TEL NO: (Work) (Cell) (Fax) (Email)

012 997 3691012 997 3691

082 4167210082 4167210

08661940866194532532

[email protected]@lantic.net

OCCUPATION: Advocate and ArbitratorAdvocate and Arbitrator


Contractual Law, Law of Delict, International Contractual Law, Law of Delict, International Arbitration, Building Contracts, Arbitration LawArbitration, Building Contracts, Arbitration Law


All aspects involving ArbitrationAll aspects involving Arbitration

21



NAME: Peter L OdellPeter L Odell

ACADEMIC QUALIFICATIONS: Pr Eng, MSc Eng (mining) BSc Eng (civil) BCom Pr Eng, MSc Eng (mining) BSc Eng (civil) BCom LLB, Mine Manager’s Certif icate competencyLLB, Mine Manager’s Certif icate competency


MSAICE, MSAIMM, FAArbMSAICE, MSAIMM, FAArb

POSTAL ADDRESS: 4 Starboard Street, Port Owen, Velddrif Western 4 Starboard Street, Port Owen, Velddrif Western Cape 7365Cape 7365


02278311860227831186

082 9431667082 9431667

[email protected]@gmail.com

OCCUPATION: Retired Retired Commercial ECommercial Executivexecutive


Civil and Structural design, project management, Civil and Structural design, project management, dri l l ing and underground contracting, tendering dril l ing and underground contracting, tendering contract documentation, negotiations and contract documentation, negotiations and disputes.disputes.


Civil infrastructure, mining andCivil infrastructure, mining and underground underground works.works.

22

MEDIATOR


NAME: RS ParkerRS Parker

ACADEMIC QUALIFICATIONS: BSc (Hons) Civil Eng, MBABSc (Hons) Civil Eng, MBA


Pr Eng ECSA, FSAICE, C Eng (UK), MICE, AarbPr Eng ECSA, FSAICE, C Eng (UK), MICE, Aarb

POSTAL ADDRESS: P O Box 984 Bedfordview, 2008P O Box 984 Bedfordview, 2008

TEL NO: (Work) (Home) (Email)

(011) 4566398(011) 4566398

(011) 706 5575(011) 706 5575


OCCUPATION: Consulting EngineerConsulting Engineer


Contracts and contractual relationship, rContracts and contractual relationship, r isk isk identif ication, analysis, allocation, transfer and identif ication, analysis, allocation, transfer and management, insurance risk transfer, contractual management, insurance risk transfer, contractual and insurance claims, major complex projects, and insurance claims, major complex projects, especially designed build and SPR, concession especially designed build and SPR, concession contracts and PPP’scontracts and PPP’s


As abAs aboveove

MEDIATOR


NAME: P J PybusP J Pybus

ACADEMIC QUALIFICATIONS: MA (Cantab), BSc (Eng), HonsMA (Cantab), BSc (Eng), Hons


FSAICE, SFWISA, MICE, FSAICE, SFWISA, MICE,

POSTAL ADDRESS: P O Box 273, PARKLANDS, 2121P O Box 273, PARKLANDS, 2121

TEL NO: (Cell)

083 2675148083 2675148

(([email protected]

OCCUPATION: RetiredRetired


Water and Wastewater Water and Wastewater distribution treatmentdistribution treatment


Mediation And conflict resolution.Mediation And conflict resolution.

MEDIATOR/ADJUDICATOR


NAME: Bruce Raath PrEng CEngBruce Raath PrEng CEng

ACADEMIC QUALIFICATIONS: BSc Civil Eng, Advanced Concrete BSc Civil Eng, Advanced Concrete Technology Diploma (Univ. of London), Technology Diploma (Univ. of London),

23



NAME: Adv. Peter Alan Aston RamsdenAdv. Peter Alan Aston Ramsden

ACADEMIC QUALIFICATIONS: BSc Eng, BSc Eng, (Civ Eng) BCom, MBL, LLB(Civ Eng) BCom, MBL, LLB


ECSA, SAICE, International Bar AssociationECSA, SAICE, International Bar Association

POSTAL ADDRESS: Chenin Blanc No 6, 227 Pleiades St, Waterkloof Chenin Blanc No 6, 227 Pleiades St, Waterkloof Ridge, 0Ridge, 0181181

TEL NO: (Work) (Home) (email)

(012) 3479631(012) 3479631 phone and faxphone and fax (082)5579927 [email protected]

OCCUPATION: Adv. And independent civil engineer and legal Adv. And independent civil engineer and legal consultantsconsultants


Contract law, construction lawContract law, construction law , financial analysis, f inancial analysis


Adjudication, mediation and arbitration of any Adjudication, mediation and arbitration of any dispute.dispute.

MEDIATOR


NAME: AW RobinsonAW Robinson

ACADEMIC QUALIFICATIONS: Pr Eng (Civil) GDEPr Eng (Civil) GDE


MSAACEMSAACE

POSTAL ADDRESS: P O Box 2861,Northcliff, 2115P O Box 2861,Northcliff, 2115

TEL NO: (Work) (Cell)

(011) 476 4266(011) 476 4266

(011) 082 6101223(011) 082 6101223

OCCUPATION: Consulting Civil EngineerConsulting Civil Engineer

PRINCIPAL AREAS OF EXPERIENCE: Road Construction materials, Civil Road Construction materials, Civil Engineering, Geotechnical EngineeringEngineering, Geotechnical Engineering


Civil, Roads, Materials, Storm water, Civil, Roads, Materials, Storm water, Geotechnics.Geotechnics.

24

MEDIATOR


NAME: C J RobinsonC J Robinson

ACADEMIC QUALIFICATIONS: Pr Eng, BSc. Eng; Dip ArbPr Eng, BSc. Eng; Dip Arb


MSAICE, A.A.Arb, MSAICE, A.A.Arb,

POSTAL ADDRESS: P O Box 2973, PRETORIA, 0001P O Box 2973, PRETORIA, 0001

TEL NO: (Work) (Home) (Cell)

(012) 460 2008(012) 460 2008 (012) 460 2134(012) 460 2134

082 786 6149082 786 6149

robinsonc@jgirobinsonc@jgi .co.za.co.za

OCCUPATION: Civil EngineerCivil Engineer (MD Jeffares & Green (Pty) Ltd (MD Jeffares & Green (Pty) Ltd


ProjeProject Management, ct Management, Contracts, General CivilsContracts, General Civils


Contractual disputesContractual disputes

MEDIATOR


NAME: P J StraussP J Strauss

ACADEMIC QUALIFICATIONS: PhD (Texas), BSc Eng (Pretoria)PhD (Texas), BSc Eng (Pretoria)


MAAPT, FSAICE, MSAACEMAAPT, FSAICE, MSAACE

POSTAL ADDRESS: P O Box 588, LA MONTAGNE, 0184P O Box 588, LA MONTAGNE, 0184

TEL NO: (Office) (Fax) (Cell) (email)

082 654 2922082 654 2922 (012) 421 3500(012) 421 3500



Pavement Engineering and MaterialsPavement Engineering and Materials


As aboveAs above

MEDIATOR /ABITRATOR


NAME: Kevin Basil Spence

ACADEMIC QUALIFICATIONS: Pr Eng, BSc Eng (Civil) (Wits)

MEMBERSHIP OF MSAICE, FAArb, FIQ

26

MEDIATOR


NAME: H R J (Ron) TluczekH R J (Ron) Tluczek

ACADEMIC QUALIFICATIONS: BSc (Civil Engineering)BSc (Civil Engineering)


MSANIRE, MSAICE, AAAarb, MIWM, MSAACEMSANIRE, MSAICE, AAAarb, MIWM, MSAACE

Affi l iate Member of South African National Affi l iate Member of South African National Council of Tunnelling (SANCOT)Council of Tunnelling (SANCOT)

POSTAL ADDRESS: P O Box 50224 Randjiesfontein, 1683P O Box 50224 Randjiesfontein, 1683

TEL NO: (Work) (Fax) (Cell)

011) 421 3500 011) 421 3500 (011) 421 3501(011) 421 3501

082 572 0517 082 572 0517 [email protected]

OCCUPATION: Civil Engineer GeotechnicalCivil Engineer Geotechnical


Field Investigation, Tunnel Design, Waste Field Investigation, Tunnel Design, Waste Landfil l , Slope Stabil ity (Rock anLandfil l , Slope Stabil ity (Rock and Soil), d Soil), Numerical Analysis, Pile Design, Lateral Support, Numerical Analysis, Pile Design, Lateral Support, Dam designDam design


As aboveAs above

MEDIATOR/ARBITRATOR


NAME: Advocate Advocate Hubert ThompsonHubert Thompson

ACADEMIC QUALIFICATIONS: B.Eng (Civ) B.Comm LLBB.Eng (Civ) B.Comm LLB Dip, luris Dip, luris


FSAICE , Admitted as Advocate at the High CourtFSAICE , Admitted as Advocate at the High Court

Prof Engineer (ECSA)Prof Engineer (ECSA)

POSTAL ADDRESS: P O Box 912494 Silverton, 0127P O Box 912494 Silverton, 0127


012 804 8494012 804 8494

0012 804 849412 804 8494

083 787 170083 787 170


OCCUPATION: Water Policy Consultant and Legal AdvisorWater Policy Consultant and Legal Advisor


Water resource management, provision of water Water resource management, provision of water services, water related infrastructure, services, water related infrastructure, Environmental issues.Environmental issues. Construction clai Construction claims and ms and dispute resolution, contractual mattersdispute resolution, contractual matters


Any of the above principle areaAny of the above principle areas and fields s and fields associated with it, with no particular restrictions.associated with it, with no particular restrictions.

28



NAME: Advocate Emilé PAdvocate Emilé Paul van der Hoven Pr Engaul van der Hoven Pr Eng

ACADEMIC QUALIFICATIONS: BSc (Eng) (Civil), Honns, Bus. AdminBSc (Eng) (Civil), Honns, Bus. Admin , LL.B , LL.B LL.M, Cert in Arb.LL.M, Cert in Arb.


MSAICE ECSA,MSAICE ECSA, Member of Member of Faculty of Advocates Faculty of Advocates of SA; Fellow of International Society of of SA; Fellow of International Society of Arbitrators andArbitrators and Mediators Mediators

POSTAL ADDRESS:

P O Box 22244, HELDERKRUIN, 1733 P O Box 22244, HELDERKRUIN, 1733

TEL NO: (Work) (Faxl) (email)

011 760 9116011 760 9116 Cell: 0834317853 Cell: 0834317853

(086) (086) 582 5703582 5703 [email protected]@iburst.co.za

OCCUPATION: Advocate Advocate CCivil Engineer ivil Engineer


Arbitration and Mediation, Construction Law, Arbitration and Mediation, Construction Law, Property Law, Civil Lit igation, Civil EngineeringProperty Law, Civil Lit igation, Civil Engineering , ,


All areasAll areas

MEDIATOR / ARBITRATOR / ADJUDICATOR


NAME: Anton van Langelaar

ACADEMIC QUALIFICATIONS: BEng (Hons), MSc, PMP®, Fellowship Certificate in Arbitration - AArb(SA), PrEng, CD/ACDS Accredited Commercial Mediator, Certificate in Financial Management in SA


FAArb, MCIArb, DRBF, SCL, CEDR, PMI, MSAICE

POSTAL ADDRESS: PO Box 66703, Highveld, 0169, South Africa


+27 (0)12 665 1987

+27 (0)12 665 1987

+27 (0)71 857 6867

[email protected]

OCCUPATION: Dispute Avoidance and Resolution Practitioner, Project Manager, Civil Engineer


Dispute management, avoidance and resolution; programme and project management, claims management,

30



NAME: MJ WatsonMJ Watson

ACADEMIC QUALIFICATIONS: BSc (Hons), Civil Engineering, Higher Diploma in BSc (Hons), Civil Engineering, Higher Diploma in Arbitration, Arbitration,


FICE,FICE,F(F(SASA)) ICE, FAArb, SA Ass of Arb, M CI Arb, ICE, FAArb, SA Ass of Arb, M CI Arb,

POSTAL ADDRESS: 20 Pioneer Ro20 Pioneer Road, Irene 0157ad, Irene 0157


(012) 6672516(012) 6672516

(079 898 3825(079 898 3825




Arbitrator, AdjudicaArbitrator, Adjudica tor (FIDIC panel) Mediatortor (FIDIC panel) Mediator

Dams, Airfields, Roads, Power Stations, Dams, Airfields, Roads, Power Stations, Pipelines, MiningPipelines, Mining


Any type of Civil Engineering ContractAny type of Civil Engineering Contract

MEDIATOR


NAME: Colin WynneColin Wynne

ACADEMIC QUALIFICATIONS: Pr Eng, BSc (CiviPr Eng, BSc (Civi l Eng)l Eng)


MSAICE, MSAICE,

POSTAL ADDRESS: P O Box 4333, RIVONIA, 2128P O Box 4333, RIVONIA, 2128

TEL NO: (Work) (Home)

(011)706 4781 (011)706 4781

0866966063 0866966063

08278789400827878940 [email protected]

OCCUPATION: Contractual ConsultantContractual Consultant


Building and Engineering Contracts Disputes, Building and Engineering Contracts Disputes, (10yrs), Building of Civil Engineering (10yrs), Building of Civil Engineering Construction (26 yrs)Construction (26 yrs)


Contractual Issues, Road, and Earthwork Contractual Issues, Road, and Earthwork Structures, BuildStructures, Build ing, Mechanical and Electricaling, Mechanical and Electrical

31

MEDIATOR


NAME: Bryan James WestcottBryan James Westcott

ACADEMIC QUALIFICATIONS: BSc. Eng (Civ) Pr Eng (ECSA) BSc. Eng (Civ) Pr Eng (ECSA) Pr.Cm.Pr.Cm.


MSAICE, MSAICE, MICE, AAArbMICE, AAArb

POSTAL ADDRESS: P O Box 5P O Box 5664 Cramerview,4 Cramerview, 2060, Johannesburg 2060, Johannesburg

TEL NO: (Work) (Fax (Cell) (Email)

011 7933619011 7933619

+27 86 5042384+27 86 5042384

083 653 3620083 653 3620




Civil engineering Construction Civil engineering Construction since since 1972.1972.AccreditedAccredited training. Industry matters (Past training. Industry matters (Past President of SAFCEC) Construction President of SAFCEC) Construction InsuranceInsurance


Civil Engineering and building construction Civil Engineering and building construction contracts. Labour disputes. Insurance claims.contracts. Labour disputes. Insurance claims.



NAME: JA WatesJA Wates

ACADEMIC QUALIFICATIONS: BSc (Eng) (Civ), MSc Eng (Civ) MBABSc (Eng) (Civ), MSc Eng (Civ) MBA


FSAICE, MSAACE, MASCEFSAICE, MSAACE, MASCE

POSTAL ADDRESS: P O Box 6001, Halfway House, 1685P O Box 6001, Halfway House, 1685

TEL NO: (Work) (Fax) (email)

(011) 254 4801(011) 254 4801

(011) 315 0317(011) 315 0317

[email protected]@golder.co.za



Geotechnical Engineering, Waste and Tailings Geotechnical Engineering, Waste and Tailings EEnvironmental Impact and Managementnvironmental Impact and Management


Geotechnical Engineering and Earthworks, Mine Geotechnical Engineering and Earthworks, Mine tail ings.tail ings.

32

Kwa-Zulu-Natal

MEDIATOR/ARBITRATOR

NAME: John H GodfreyJohn H Godfrey

ACADEMIC QUALIFICATIONS: BSc (Hons) Civil Eng, MSc ConstBSc (Hons) Civil Eng, MSc Const ruction ruction ManagementManagement


Pr Eng; C Eng; C Eng; MICE; F.A.ArbPr Eng; C Eng; C Eng; MICE; F.A.Arb

POSTAL ADDRESS: P O Box 231, Ball ito, 4420P O Box 231, Ball ito, 4420


(032) 9463760(032) 9463760 (032) 9(032) 9462541462541

08292061160829206116


OCCUPATION: ConsultantConsultant Civil Construction, Adjudication, Civil Construction, Adjudication, Mediation, ArbitrationMediation, Arbitration


Roads (Urban & Rural) Dams, Airfields, Power Roads (Urban & Rural) Dams, Airfields, Power Stations, Mining WorksStations, Mining Works , Major Industrial and , Major Industrial and Building Projects.Building Projects.


Any Any Dispute ResolutionDispute Resolution --Civil and Building Civil and Building Contracts.Contracts.

MEDIATOR


NAME: Derek John HaliburtonDerek John Haliburton

ACADEMIC QUALIFICATIONS: BSc (Civil Eng) Natal, MSc (CiviBSc (Civil Eng) Natal, MSc (Civi l Eng) Natal, Pr Eng l Eng) Natal, Pr Eng (ECSA)(ECSA)


MICE , ASAICEMICE , ASAICE

POSTAL ADDRESS: 25 Audley Gardens, Durban, 400025 Audley Gardens, Durban, 4000

TEL NO: (Home) (Fax) (email)

031 2073299031 2073299

031 2079280031 2079280

[email protected]@telkomsa.net


PRINCIPAL AREAS OF Highways, Roads, Traffic, Marinas, concrete Highways, Roads, Traffic, Marinas, concrete

33

MEDIATOR


NAME: Mark IlburyMark Ilbury

ACADEMIC QUALIFICATIONS: M. Dip Tech (Civ Eng); LLB (Cum Laude); FAARBM. Dip Tech (Civ Eng); LLB (Cum Laude); FAARB


MSAICE, FAArbMSAICE, FAArb

POSTAL ADDRESS: P O Box 1215, Wansbeck, 3631P O Box 1215, Wansbeck, 3631

TEL NO: (Home) (Fax) (email)

031 2661185031 2661185

031 2661187031 2661187

[email protected]@construction.co.za

OCCUPATION: Construction LawyerConstruction Lawyer


Construction related disputes in the field of Construction related disputes in the field of extensions of mine defects, variations, cancellatioextensions of mine defects, variations, cancellations ns and damages.and damages.


Both.Both.



NAME: Simon Gerard Joubert

ACADEMIC QUALIFICATIONS: B. Sc. Eng (Civil), Fellowship in Arbitration (Association of Arbitrators)


Pr. Eng

MSAICE

F. A. Arb

POSTAL ADDRESS: 14 Armstrong Drive, Wembley, Pietermaritzburg, 3290


033 347 1600 082 827 8055 [email protected]

OCCUPATION: Civil Engineer, Director


Contract, Water Supply, Reinforced Concrete Structures, GCC, FIDIC


Water Supply, Reinforced Concrete Structures, GCC, FIDIC

MEDIATOR


NAME: Grant Norman ListerGrant Norman Lister --JamesJames

ACADEMIC QUALIFICATIONS: BSc Civil EngineeringBSc Civil Engineering

MEMBERSHIP OF ECSA, SAICE, Association of ArbitratorsECSA, SAICE, Association of Arbitrators

34

MEDIATOR


NAME: HI MayHI May

ACADEMIC QUALIFICATIONS: BSc (Civ Eng), MSc (Eng), Ph.D.D.I.C Pr EngBSc (Civ Eng), MSc (Eng), Ph.D.D.I.C Pr Eng


SAACE, MSAICESAACE, MSAICE

POSTAL ADDRESS: P O Box 3669, Durban, 4000P O Box 3669, Durban, 4000

TEL NO: (Tel) (Fax)

031 3031 304 263004 2630

031 304 6657031 304 6657



Design of Building Structures.Design of Building Structures.


Building MalfunctionBuilding Malfunction

MEDIATOR


NAME: G A MOOREG A MOORE

ACADEMIC QUALIFICATIONS: M.I. StruM.I. StructE, Pr Eng (720926)ctE, Pr Eng (720926)


MSAACE, MSAICE, MSAISE MSAACE, MSAICE, MSAISE

POSTAL ADDRESS: P O Box 543, KLOOF, 3640P O Box 543, KLOOF, 3640

TEL NO: (Office) (Fax) (Cell) (email)

(031) 764 0153(031) 764 0153

(031) 764 0153(031) 764 0153 082 4411157082 4411157 [email protected]

OCCUPATION: Retired Partner: AA Loudon & PartnersRetired Partner: AA Loudon & Partners


Structural EngineeringStructural Engineering


Building Structures, Civil Structures, Building Structures, Civil Structures, Soil/Structure InteSoil/Structure Inte raction, raction, Refurbishment/Rehabilitation of StructuresRefurbishment/Rehabilitation of Structures


Thirty Years Experience as Consultant Civil and Thirty Years Experience as Consultant Civil and Structural Engineer and Project ManagerStructural Engineer and Project Manager


Resolution of Disputes arising from Building anResolution of Disputes arising from Building and d Civil Engineering Disputes. 9 Years experience Civil Engineering Disputes. 9 Years experience in Dispute Resolution.in Dispute Resolution.

35

MEDIATOR


NAME: Ian Sinclair MasseyIan Sinclair Massey

ACADEMIC QUALIFICATIONS: Diploma in Civil Engineering; Chartered Engineer Diploma in Civil Engineering; Chartered Engineer UKUK


CECEngng

POSTAL ADDRESS: Suite 4, Gill i tts Office Park, Gill i tts, KwaZulu Natal, Suite 4, Gill i tts Office Park, Gill i tts, KwaZulu Natal, 86108610

TEL NO: (Tel) (Fax) (cell) (email)

(w) 031 7640811(w) 031 7640811

031 7645621031 7645621

082 5749868082 5749868

[email protected]@mdaconsulting.co.za

OCCUPATION: Civil Engineer and Commercial ConsultantCivil Engineer and Commercial Consultant


Engineering and Construction ClaimsEngineering and Construction Claims


As aboveAs above

ARBITRATOR


NAME: STEPHEN DAVID POORTER

ACADEMIC QUALIFICATIONS: Pr Eng, Pr CM, B ScEng (Civil), B Com, MSAICE, FAArb


Professional Engineer, Engineering Council of SA

Professional Construction Manager, SACPCMP

Member South African Institution of Civil Engineering

Fellow of Association of Arbitrators Southern Africa

POSTAL ADDRESS: 11 Douglas Road, Cowies Hill, KwaZulu Natal, 3610


031 710 6100 031 705 7258 083 307 0172 [email protected]

OCCUPATION: Operations Executive, Civil Engineer


Civil and Building Construction


Construction disputes

36

MEDIATOR


NAME: W J McKeenW J McKeen

ACADEMIC QUALIFICATIONS: Pr Eng, C Eng, BSc Eng, Hnc EngPr Eng, C Eng, BSc Eng, Hnc Eng


MSAICE, MSAACE, AIStructE, MSPE MSAICE, MSAACE, AIStructE, MSPE

POSTAL ADDRESS: 25 CEDAR ROAD, GLENWOOD, DURBAN, 400125 CEDAR ROAD, GLENWOOD, DURBAN, 4001

TEL NO: (Home) (Fax) (Email)

(031) 205 5690(031) 205 5690

(031) 205 7682(031) 205 7682 [email protected]



Civil StructuralCivil Structural


No preference in Civil or StructuralNo preference in Civil or Structural

MEDIATOR


NAME: Dr M F MitchellDr M F Mitchell

ACADEMIC QUALIFICATIONS: Pr Eng, D.Eng, M.AdminPr Eng, D.Eng, M.Admin


FSAICE, FCIT FSAICE, FCIT

POSTAL ADDRESS: 4 Nkutu House, 7 Nkutu Road, HILLCREST, 4 Nkutu House, 7 Nkutu Road, HILLCREST, KWAZULU NATAL, 3610KWAZULU NATAL, 3610

TEL NO: (Tel & fax home) (Tel work) (Fax work)

(031) 765 1046(031) 765 1046 (031) 261 8161(031) 261 8161 (031) 261 2509(031) 261 2509

OCCUPATION: Civil Engineer (Retired as Deputy Director Civil Engineer (Retired as Deputy Director General, Transport)General, Transport)


40 Years experience in Transport Policy and 40 Years experience in Transport Policy and StratStrategy, Roads, Contract Administration, egy, Roads, Contract Administration, Urban/Public TransportUrban/Public Transport

PREFERRED MATTERS OF Roads (all aspects, including contracts) Public Roads (all aspects, including contracts) Public

37

MEDIATOR

NAME: J V SmithJ V Smith

ACADEMIC QUALIFICATIONS: BSc Eng (Rand)BSc Eng (Rand)


MSAICE, and M.(SA) ConsEMSAICE, and M.(SA) ConsE

POSTAL ADDRESS: P O Box 1223, KLOOF, 3640P O Box 1223, KLOOF, 3640

TEL NO: (Work) (Fax) (Email)

(031) 764 3975(031) 764 3975

(031) 764 4545 (031) 764 4545

082 459 9968082 459 9968 [email protected]

OCCUPATION: Consulting Civil and Structural EngineerConsulting Civil and Structural Engineer


Civil Engineering, Infrastructure Civil Engineering, Infrastructure –– roads, roads, sewerage,stormwater drainage, water reticulationsewerage,stormwater drainage, water reticulation


MEDIATOR


NAME: M G Will iamsM G Will iams

ACADEMIC QUALIFICATIONS: Pr Eng BSc Civil (Eng) Pr Eng BSc Civil (Eng)


MSAICE, MSAACEMSAICE, MSAACE

POSTAL ADDRESS: P O Box 543, KLOOF, 3640 P O Box 543, KLOOF, 3640


(031) 767 2470(031) 767 2470 082 445 4813082 445 4813 [email protected]



Contract Administration RoadsContract Administration Roads

NatalNatal

38



NAME: Clive WilsonClive Wilson

ACADEMIC QUALIFICATIONS: BSc (Civil Eng);BSc (Civil Eng); (Natal) MS (California)(Natal) MS (California)


MSAICE, FAArbMSAICE, FAArb

POSTAL ADDRESS: 60 60 Kirtl ington, Kirtl ington, Inanda Inanda Road, Road, Hil lcrest, Hil lcrest, KZNKZN 3624 3624


031 765 5798031 765 5798

082 4646157082 4646157 [email protected]@mweb.co.za

OCCUPATION: Consulting Civil Engineer,Consulting Civil Engineer,


Structural and Structural and Geotechnical,civil engineering, Geotechnical,civil engineering,


GeneralGeneral

MEDIATOR


NAME: Willem VlokWillem Vlok

ACADEMIC QUALIFICATIONS: BSc ;B. IngBSc ;B. Ing Civil Civil


ECSAECSA

POSTAL ADDRESS: 7 Hongerblom Street, Van Rhynsdorp7 Hongerblom Street, Van Rhynsdorp

TEL NO: (Cell) (email)

072 4303445072 4303445 wil [email protected]@mtuba.co.za

OCCUPATION: Civil Civil EngineerEngineer


Roads ConstructionRoads Construction


RoadsRoads and all other civil works and all other civil works

39

ARBITRATOR

NAME: STEPHEN DAVID POORTER

ACADEMIC QUALIFICATIONS: Pr Eng, Pr CM, B ScEng (Civil), B Com, MSAICE, FAArb


POSTAL ADDRESS:


031 710 6100 031 705 7258 083 307 0172 [email protected]

OCCUPATION: Operations Executive, Civil Engineer


Civil and Building Construction


Construction disputes

40

WESTERN CAPE

MEDIATOR

NAME: J R BarnardJ R Barnard

ACADEMIC QUALIFICATIONS: BSc, B Eng (Civil) Stellenbosch 1970, Advanced BSc, B Eng (Civil) Stellenbosch 1970, Advanced Certif icate in Project Management (Tuks) 1994, Certif icate in Project Management (Tuks) 1994, M.Phil (HDM) UCT 1999M.Phil (HDM) UCT 1999


MSAACE, MSAICE, PMI, AAArbMSAACE, MSAICE, PMI, AAArb

POSTAL ADDRESS: 133A Anderson Street, Brooklyn, PRETORIA 133A Anderson Street, Brooklyn, PRETORIA 00810081


(012) 349 0099(012) 349 0099 (012) 349 0066(012) 349 0066

082: 5522875082: 5522875 [email protected]

OCCUPATION:

Partner BVi Consulting EngineersPartner BVi Consulting Engineers


Township Services, Road BuildingTownship Services, Road Building

PREFERRED MATTERS OF

INVOLVEMENT:

Township Services, Road BuildingTownship Services, Road Building

MEDIATOR


NAME: R G K BlythR G K Blyth

ACADEMIC QUALIFICATIONS: BSc (Eng) Hons, Dip Bus ManBSc (Eng) Hons, Dip Bus Man


MICE, FSAICE, MSAACE, C Eng (Eng Council MICE, FSAICE, MSAACE, C Eng (Eng Council UK) Pr Eng (ECSA)UK) Pr Eng (ECSA)

POSTAL ADDRESS: Brewery Cottage, 13 Paterson Street, Brewery Cottage, 13 Paterson Street, NEWLANDS, CAPE TOWN, NEWLANDS, CAPE TOWN, 77007700

TEL NO: (Home) (Fax) (Cell) (Email)

(021) 671 8326(021) 671 8326

(021) 671 8326(021) 671 8326 083 357 5303 083 357 5303 [email protected]



Dams, Infrastructure, Water Projects, Contract Dams, Infrastructure, Water Projects, Contract Documentation and AdministrationDocumentation and Administration


Any of the above, Construction methodsAny of the above, Construction methods

41



NAME: WD ClaassenWD Claassen

ACADEMIC QUALIFICATIONS: Higher Diploma in Arbitration (Association Higher Diploma in Arbitration (Association of Arbitrators), Certif icate in Arbitration, of Arbitrators), Certif icate in Arbitration, BSc Hons Eng, BSc Eng, National Diploma BSc Hons Eng, BSc Eng, National Diploma for Techniciansfor Technicians


FSAICE, FAARB, Pr Eng ESCAFSAICE, FAARB, Pr Eng ESCA

POSTAL ADDRESS: Posbus 10Posbus 10845, DANABAAI 6510845, DANABAAI 6510

TEL NO: (Work Home Fax) (Cell) (email)

(044) 698 1392(044) 698 1392

082 715 9384082 715 9384

[email protected]

OCCUPATION: Professional EngineerProfessional Engineer


Dispute Resolution in the building and Dispute Resolution in the building and construction industries. Contract construction industries. Contract documentationdocumentation


Dispute Resolution in the building and Dispute Resolution in the building and construction industries. Contract construction industries. Contract documentationdocumentation

MEDIATOR/ARBITRATOR


NAME: Alwyn J du ToitAlwyn J du Toit

ACADEMIC00000000 QUALIFICATIONS:

B.Sc; B Eng. Pr Eng.B.Sc; B Eng. Pr Eng.


FSAICE, FSAICE, MIMESAMIMESA, MSA , MSA ACEACE, AAArb., AAArb.

POSTAL ADDRESS: P O Box 2163, DURBANVILLE, 7551P O Box 2163, DURBANVILLE, 7551

TEL NO: (Work) (Home) (Fax) (email)

(021) 976 7806(021) 976 7806 (021) 976 1304(021) 976 1304 (021) 976 7816(021) 976 7816

[email protected]@alwyndutoit.co.za



Civil Engineering ContCivil Engineering Cont ractract

42



NAME: C T Du ToitC T Du Toit

ACADEMIC QUALIFICATIONS: B.Sc. B.Ing; LLB; H.Dip.ArbB.Sc. B.Ing; LLB; H.Dip.Arb


F.A. A.RB, FSAICE, ECSAF.A. A.RB, FSAICE, ECSA

POSTAL ADDRESS: P O Box 1733, MOSSEL BAY, 6500P O Box 1733, MOSSEL BAY, 6500

TEL NO: (Work) (Home) (Cell) (Email)

(044) 691 90(044) 691 9038 38 (044) 690 6628(044) 690 6628

082 824 3261082 824 3261 [email protected]

OCCUPATION: Pr Ing; Advocate; Arbitrator/Mediator/Dispute Pr Ing; Advocate; Arbitrator/Mediator/Dispute AdjudicatorAdjudicator

PRINCIPAL AREAS OF EXPERIENCE: Civil Engineering and Tunnel Construction; Civil Engineering and Tunnel Construction; Building Construction (total = 46 years)Building Construction (total = 46 years)

PREFERRED AREAS OF INVOLVEMENT:

Any dispute in the civil engineering and Any dispute in the civil engineering and Building Industries tunnelling and underground Building Industries tunnelling and underground worksworks

MEDIATOR


NAME: J T GrobbelaarJ T Grobbelaar

ACADEMIC QUALIFICATIONS Graduate Diploma in Engineering, B Sc (Eng), Graduate Diploma in Engineering, B Sc (Eng), B Com, LLB,B Com, LLB, G Dip E, Graduate Diploma in G Dip E, Graduate Diploma in Engineering (Water Care)Engineering (Water Care)


MSAICE, M SAIMechE, AArb, MWISA Advocate MSAICE, M SAIMechE, AArb, MWISA Advocate of the High Court, admitted Pretoria 1961of the High Court, admitted Pretoria 1961

POSTAL ADDRESS: 8 Strathcona Road, ORANJEZICHT, CAPE 8 Strathcona Road, ORANJEZICHT, CAPE TOWN, 8001TOWN, 8001

TEL NO: (Work) (Home) (email)

(021) 465 2435(021) 465 2435

(021) 461 2861(021) 461 2861 [email protected]

OCCUPATION: Arbitration, Mediation, Alternative Dispute Arbitration, Mediation, Alternative Dispute ResolutionResolution

PRINCIPAL AREAS OF EXPERIENCE: Construction CoConstruction Contracts, Potable and Waste ntracts, Potable and Waste Water TreatmentWater Treatment


Contractual DisputesContractual Disputes

44

MEDIATOR


NAME: Frederick HugoFrederick Hugo

ACADEMIC QUALIFICATIONS: D Eng, PHD D Eng, PHD


HF SAICE, M ASCE, MAAPT HF SAICE, M ASCE, MAAPT

POSTAL ADDRESS: 7 Keet Street, STELLENBOSCH, 76007 Keet Street, STELLENBOSCH, 7600


(021) 808 4364 (021) 808 4364 (021) 8084361 (021) 8084361 (021) 808 4361 (021) 808 4361 082 652 5824 082 652 5824 [email protected]



Pavement Engineering, Management of Pavement Engineering, Management of Engineering & Technology, Accelerated Engineering & Technology, Accelerated Pavement TestingPavement Testing


All of the aboveAll of the above

45


NAME: John Cellarius HulmeJohn Cellarius Hulme

ACADEMIC QUALIFICATIONS: BSc Eng (UCT), GDE (UCT), MDP PM (UNISA)BSc Eng (UCT), GDE (UCT), MDP PM (UNISA)


F SAICE, , FAArb; M.SACPCMP F SAICE, , FAArb; M.SACPCMP

POSTAL ADDRESS: P O Box 50069, Waterfront,8002P O Box 50069, Waterfront,8002


(021) 4172180 (021) 4172180 (021) 4340576 (021) 4340576 (021) 4172190 (021) 4172190 083 2761111083 2761111 [email protected]@iafrica.com



Civil and Structural EngineeringCivil and Structural Engineering


Civil and Structural EngineeringCivil and Structural Engineering


Building and Engineering ContractsBuilding and Engineering Contracts

MEDIATOR


NAME: Robert Hawker KingRobert Hawker Kingdondon

ACADEMIC QUALIFICATIONS: BSc (Engineering) Mining; BSc (Engineering) Mining; London UKLondon UK


FSAICE;FSAICE;Fellow SATFellow SAT

POSTAL ADDRESS: 18 Alma Road, Claremont, Cape Town 770818 Alma Road, Claremont, Cape Town 7708


021 6718157021 6718157

021 6718157021 6718157

074 074 [email protected]@ifrica.com

OCCUPATION: PartPart -- time lecturer in construction materials CPUTtime lecturer in construction materials CPUT


Asphalt Technology, Asphalt Technology,


Contractual technicalContractual technical

46

MEDIATOR


NAME: J M S LaubscherJ M S Laubscher

ACADEMIC QUALIFICATIONS: BSc Eng (Hons)BSc Eng (Hons)


SAACE, SAIME, ASHRAE SAACE, SAIME, ASHRAE

POSTAL ADDRESS: 56 Mount Rhodes Drive, CAPE TOWN56 Mount Rhodes Drive, CAPE TOWN

TEL NO: (Home) (Fax) (Cell)

(021) 980 4434 (021) 980 4434

(021) 980 4843(021) 980 4843 (021) 790 5658(021) 790 5658 [email protected]

OCCUPATION: Engineer Engineer


Electrical and Mechanical Engineering, Systems Electrical and Mechanical Engineering, Systems Contractual Matters, Professional AppointmentContractual Matters, Professional Appointment


As aboveAs above

47

MEDIATOR


NAME: D C R MacKellarD C R MacKellar

ACADEMIC QUALIFICATIONS: BSc (Eng), M.A.(Oxon)BSc (Eng), M.A.(Oxon)


FSAICE, SANCOLD, ISSM&GE, MAEGFSAICE, SANCOLD, ISSM&GE, MAEG

POSTAL ADDRESS: Unit 6312 ERINVALE, Somerset West 7130Unit 6312 ERINVALE, Somerset West 7130

TEL NO: (Work) ` (Email) (Cell)

021 8471451021 8471451 [email protected]

083 2307336083 2307336

OCCUPATION: Consulting Engineer, RetiredConsulting Engineer, Retired


Geotechnical Dam Design and Construction,Geotechnical Dam Design and Construction,


Design Design constructionconstruction

MEDIATOR


NAME: B H SpottiswoodeB H Spottiswoode

ACADEMIC QUALIFICATIONS: BSc. B. Eng (Civil) BSc. B. Eng (Civil)


FSAICE, FSAICE, MAoA(SA)MAoA(SA)

POSTAL ADDRESS: Private 1091 Heldeberg Vil lage, P/Bag X19 Private 1091 Heldeberg Vil lage, P/Bag X19 SomersSomerset Westet West 7129 7129


(021) 855 5075(021) 855 5075

083 267 46797083 267 46797

[email protected]@spotte.net

OCCUPATION:

Professional Civil EngineerProfessional Civil Engineer


RoadRoads, construction s, construction materials, large dams, materials, large dams, tunnels, pipelines, hydrotunnels, pipelines, hydro --electric projects, dispute electric projects, dispute resolutionresolution


Road pavements, dams, general earthworksRoad pavements, dams, general earthworks --design and/or construction relateddesign and/or construction related

48

MEDIATOR


NAME: G J R van G J R van der Meulender Meulen

ACADEMIC QUALIFICATIONS: BSc, MBABSc, MBA


FSAICE, MIMESA, (Former FICE) (Former FSAICE, MIMESA, (Former FICE) (Former MASCE)MASCE)

POSTAL ADDRESS: 25B Larmenier Vil lage, 1 Derry Street, Vredehoek, 25B Larmenier Vil lage, 1 Derry Street, Vredehoek, 80018001


(021) 461 0717(021) 461 0717

(021) 461 0717(021) 461 0717

(021) 683 5639(021) 683 5639

082 6583636082 6583636 [email protected]

OCCUPATION: Consulting Engineer/Civil and StructuralConsulting Engineer/Civil and Structural


Structural and CivilStructural and Civil


Civil & StructuralCivil & Structural



NAME: Frik Frik van der Merwevan der Merwe (FP) (FP)

ACADEMIC QUALIFICATIONS: BSc, B. Eng (Civil)BSc, B. Eng (Civil)


FAICE, FAICE, ECSA,CECSA,CESA, AoAESA, AoA

POSTAL ADDRESS: P O Box P O Box 65306530 , George, 6530, George, 6530

TEL NO: (Work Home Fax) (Cell) (Fax) (email)

(044)(044) 8732615 8732615

083 250 4045083 250 4045

086 6571903086 6571903

fr ikvdm@[email protected]

OCCUPATION: ConConsulting Engineersulting Engineer


Civil Consulting Engineering, Contract Civil Consulting Engineering, Contract Management, Claim and Dispute ResolutionManagement, Claim and Dispute Resolution


Civil Engineering Contracts Civil Engineering Contracts –– Claims and Disputes Claims and Disputes

50



NAME: TTheunis van Zylheunis van Zyl

ACADEMIC QUALIFICATIONS: B Tech Eng Civil Certif icate in Arbitration, Cert in B Tech Eng Civil Certif icate in Arbitration, Cert in MDP (USB Business School) MDP (USB Business School)


SAICE SAACE ECSA SACPCPMP, AASA, SA SAICE SAACE ECSA SACPCPMP, AASA, SA Master Builders AssociationMaster Builders Association

POSTAL ADDRESS: P O Box 547, BrP O Box 547, Brackenfell, 7561ackenfell, 7561

TEL NO: (Work Home Fax) (Cell) (email)

021 981 4229 Fax: 021 981 4298021 981 4229 Fax: 021 981 4298

071 1089540071 1089540

[email protected]@vzagroup.com

OCCUPATION: FullFull -- t ime Contract, Claims and Dispute time Contract, Claims and Dispute CoConsultant, Independent Arbitrator, Mediator, and nsultant, Independent Arbitrator, Mediator, and Adjudicator at( Van Zyl & Associates . )Adjudicator at( Van Zyl & Associates . )


MultiMulti --Disciplinary Engineering inclusive of Civil, , Disciplinary Engineering inclusive of Civil, , IIStructural, Roads and Building Projects, Railway Structural, Roads and Building Projects, Railway Engineering, Contract ManagementEngineering, Contract Management &Administration Dispute prevention and &Administration Dispute prevention and resolution and claims consulting, arbitration, resolution and claims consulting, arbitration, mediation and adjudication of Construction mediation and adjudication of Construction Contracts under GCC 2004/2010, JBCC 2000, Contracts under GCC 2004/2010, JBCC 2000, FIDIC and NECFIDIC and NEC


Dispute prevention, resolution andDispute prevention, resolution and adjudication, adjudication, mediation and arbitration mediation and arbitration –– GCC 2004/2010, GCC 2004/2010, JBCC, FIDIC AND NEC JBCC, FIDIC AND NEC

MEDIATOR


NAME: EVA WiseEVA Wise

ACADEMIC QUALIFICATIONS: BSc (Eng); Diploma Imperial College London; BSc (Eng); Diploma Imperial College London; Geotechnical EngineeringGeotechnical Engineering


FSAICE; MSAACE; FICE; MIWMFSAICE; MSAACE; FICE; MIWM

POSTAL ADDRESS: 22 Southfield Road, Plumstead 780022 Southfield Road, Plumstead 7800


021 7970696021 7970696

021 7970696021 7970696

08446996380844699638

[email protected]@lantic.net

OCCUPATION: Retired Consulting EngineerRetired Consulting Engineer


Geotechnical Engineer, Municipal Engineer, Geotechnical Engineer, Municipal Engineer, Dispute Resolution, Contract Management.Dispute Resolution, Contract Management.


As aboveAs above

51

NEIGHBOURING STATES

S -1



NAME: John Leslie Charles RestingJohn Leslie Charles Resting

ACADEMIC QUALIFICATIONS: BSc (Hons), Pr Eng, C EngBSc (Hons), Pr Eng, C Eng


MSAICE, MICE, MIHT, AM IstructE, FAArbMSAICE, MICE, MIHT, AM IstructE, FAArb

POSTAL ADDRESS: P O Box A233, SWAZI PLAZA, H101 SWAZILANDP O Box A233, SWAZI PLAZA, H101 SWAZILAND


00268 404195600268 4041956

002684045329002684045329

002684042227002684042227

[email protected]@bicon.co.sz



Civil Engineering, infrastructure and townships, Civil Engineering, infrastructure and townships, and building construction, contract administrationand building construction, contract administration

MEDIATOR


NAME: ChrisChris topher Georgetopher George Young Young

ACADEMIC QUALIFICATIONS: BSc (Civil), GDEBSc (Civil), GDE (Wits) (Wits)


Pr Eng, MSAICEPr Eng, MSAICE

POSTAL ADDRESS: P O Box 1532 Hermanus, 7200P O Box 1532 Hermanus, 7200


(021) 87(021) 876 6 49254925 /0283141582/0283141582

083 325 0090083 325 0090 [email protected]

OCCUPATION: Company Director Company Director Building Building ContractorContractor


Water Retaining Structures, Water Sewage Water Retaining Structures, Water Sewage Treatment and PipelinesTreatment and Pipelines


As aboveAs above

52

Kimberley

MEDIATOR/ARBITRATOR


NAME: Wynand Frederik BloemWynand Frederik Bloem

ACADEMIC QUALIFICATIONS:

BSc (BEng) ;(Civil) (B Eng (Hons); (Construction BSc (BEng) ;(Civil) (B Eng (Hons); (Construction Management) Higher Diploma Arbitration, Pr Eng.Management) Higher Diploma Arbitration, Pr Eng.


SAICE;CESA, FAArb,PMP,SACPCMP,MBA SAICE;CESA, FAArb,PMP,SACPCMP,MBA

POSTAL ADDRESS: P O Box 2446, Kimberley 8300P O Box 2446, Kimberley 8300


+ 27 53 831 3989 + 27 53 831 3989

072 2412309072 2412309

[email protected]@vodamail.co.za

OCCUPATION: ConsultantConsultant


Commercial, Construction Management Dispute Commercial, Construction Management Dispute RResolutionesolution


Construction, Building, Mining, Petro ChemicalConstruction, Building, Mining, Petro Chemical

53

MEDIATOR


NAME: CAW SchumannCAW Schumann

ACADEMIC QUALIFICATIONS: M.Eng (Irrigation Engineering)M.Eng (Irrigation Engineering)

M.Eng (Project Management) M.Eng (Project Management)


SAICE, SAICE,

POSTAL ADDRESS:

TEL NO: (Home) (Cell)

02831224920283122492

072 252 6387072 252 6387

[email protected]@adept.co.za

OCCUPATION: Retired Senior EngineerRetired Senior Engineer


Roads, Township ServiRoads, Township Services, Small Earth Damsces, Small Earth Dams


Construction Supervision, Engineering Construction Supervision, Engineering Economics.Economics.

54



NAME: Eddie Otte

ACADEMIC QUALIFICATIONS: D Sc (Eng) Pretoria; MS (Univ California Berkeley)


Pr Eng and SAICE

POSTAL ADDRESS: Postnet Suite 70, Private Bag X 82329, RUSTENBURG 0300


Cell 072 900 4416 and 081 042 0299 Telephone 014 533 1318 e-mail: [email protected]

OCCUPATION: Retired Civil Engineer


Roads, Pavements, Water and Sewer Reticulation, Materials (Soils and Concrete), Project Management, Contract Administration, Contract Documentation


Roads, Pavements, Water and Sewer Reticulation, Materials (Soils and Concrete), Project Management, Contract Administration, Contract Documentation

55

SAICE ADJUDICATOR’S PANEL

56

PETER ANDREW BAIRD Pr Eng C Eng(UK) BSc(Hons) FICE MSAICE MAPM MPIMISA Address: 116 Edison Crescent, Sunninghill, Sandton P O Box 95 Sunninghill 2157 Telephone: (011) 803 3008 Fax: 011 8033009 Residence: Email: [email protected] Contract experience All NEC’s; FIDIC (new and old) GCC 1990-‐ JBCC ICE MW Dispute resolution experience Acted as Adjudicator on NEC contracts in South Africa with rulings in petrol chemical, power utility, and building sectors. Acted as a member of FIDIC Dispute Review Board for North South Water Carrier Project Botswana. Acted as Project Neutral between parties in dispute prior to seeking adjudication, all of whom settled. Assisted in preparation of Founding Affidavits for court cases, and called upon by Senior Counsel to provide Expert Opinions on contracts. Assisted in preparation of Statements of Case and Response for NEC Adjudication. Acted as member of domestic settlement team on major and complex projects for parties wishing to avoid formal dispute processes. Career Qualified as a Civil Engineer and worked in design offices in London, San Francisco and Johannesburg. Switched to project management in 1982 and specialization in contracts from 1991. 1962 Vacation design experience in San Francisco as a result of student award,

Middle Fork American River Project. 1963-‐1977 Design Engineer Halcrows (London) Keeve Steyn (RSA) Orange Fish Tunnel

Project and Sasol 2, Kier Ltd (UK) Didcot Power Station, Roberts Construction (RSA) BBRV prestressing systems. Factory and Group Technical Manger for Rocia Pipes, 1972-‐1975.

1977-‐1980 Project Engineer Posford Duvivier on major harbour and military projects in Libya.

1980-‐1982 Head of Contracts for Fluor (UK), Manchester office. 1982-‐1997 Eskom Project Engineer and Project Manager on large coal fired stations and

pumped storage schemes and then Corporate Contracts Consultant for Eskom since 1991, implemented the NEC system in Eskom and South Africa in general.

1998 Set up independent consulting practice specializing in professional services on contracts in all categories of works, services and supply and all disciplines. Advisor on all aspects of engineering and construction contracts, dispute management and preparation, training and presentations at public and private seminars in RSA, Holland, UK, China, Nepal and Botswana.

International experience USA (1962), UK (1963 and 1977 –1982) Libya (1977-‐1982 to date), Zimbabwe 1974, Nepal 2002 Languages English Official positions held Member (NEC) UK, Co-‐founder of SA NEC User Group 1995. Chairman of Procurement and

57

Delivery Management Committee 2002.

CHRIS BINNINGTON BSc (Hons) Eng, MBL Address: P O Box 84325 Greenside 2034 Telephone: (011) 888 6141 Fax: (011) 888 2296 Email: [email protected] Membership of Professional Institutions Pr Eng, F.I.MechE, F.A.A.Arb Experience and fields of work Multi Diplomacy Construction, Project Management Dispute Resolution Chris Binnington has written and presented on more than 20 occasions a 1 day CESA accredited course on adjudication. He is on Transnet, ESKOM and SAICE panels of adjudicators. He has acted as adjudicator in over 20 disputes and was the Chairman of the DAB for the Port Elizabeth 2010 stadium. He has assisted in a number of organisations to set up and train their adjudication panels including the Coega Development Corporation; Windhoek City Council; and Amplats. In addition he has assisted the claimant or the defendant to prepare and present their submissions in more than 40 disputes. He has lectured construction contract law through 1 and 2 day courses to more than 8 000 delegates over the past 20 years and has been the Chairman of the Association of Arbitrators (Southern Africa) for the past 12 years. He has written Rules for the conduct of adjudications and developed an improved timeline for the conduct of adjudications. Specializing in Dispute resolution experience .

58

WYNAND FREDERIK BLOEM BSc BEng (Civil) B Eng (Hons) Pr Eng (PMP) Project Management Institute Pennsylvania, USA. FAArb Higher Diploma in Arbitration with specializing in Construction Law, 1999, Association of Arbitrators Southern Africa Address: P O Box 2446 Kimberley 8300 Telephone: (053) 831 3989 Fax: (053) Residence: ditto Cell: 072 2412309 Email: [email protected] Membership of Professional Institutions MSAICE Fellow AArb SAACE (WFB Project Management Services is a member firm). PMI (Project Management Professional) SACPCMP (Professional Project Manager) Master Builder’s Association in Kimberley, Northern Cape (WFB Project Management Services is a member firm) Experience and fields of work Involved in dispute resolution and the preparation of claims and defense statements for more than 25 years Representing both Contractors and Employers in multi-‐million Rand and off shore (US Dollar) claims Acted as Mediator and Arbitrator in several disputes since 1999 Prepared several responding submissions for Employers in Adjudications utilizing the NEC suit of documents Attending and updating seminars on latest GCC and JBCC Performed extensive contract administrative functions and dealt with various claims involving the various forms of the FIDIC suit of contract documents. Wide range of experience with offshore contracts outside the South African borders. Specializing in Building Construction, Infrastructure, Mining, Petrochemical Dispute resolution experience 2004 Mediator Mac’s Electrical versus ICR Electrical Services cc. JBCC 2000 2007 Goldfields Development versus Nala Local Municipality GCC 2004 2002 Arbitrator MS Bredenkamp versus Orania Bestuursdienste GCC 1990 2003 JPA vd Merwe versus BLV Sweiswerke (Edms) Bpk private contract 2003 J Louw versus HA Bornman private contract Has been part of several Adjudications (responsible for preparation of submissions, all using the NEC. International experience

59

Willem Daniel Claassen POSTAL ADDRESS : P0 Box 10845, Danabaai, 6510

TELEPHONE OFFICE: 044 698 13492

HOME: 044 698 1392

MOBILE: 0827159384

1. PROFESSIONAL QUALIFICATIONS : (State qualification in full, year obtained and where obtained):

National Diploma for Technicians —1961 — Pretoria Technikon

BSc Eng —1969— University of Pretoria

BSC Hons Eng — 1987 — University of Pretoria

Certificate in Arbitration — 1996 — Association of Arbitrators

Higher Diploma in Arbitration —1998— Association of Arbitrators

2. PROFESSIONAL ASSOCIATIONS of which you are a member, or with which you are registered:

South African Institution for Civil Engineering — Fellow

Association of Arbitrators — Fellow

Engineering Council of South Africa — Pr Eng

3. Detail of lecturing or teaching activities

Presented seminars on GCC 2004 and GCC 2010 to well over 1500 persons.

4. Detail of published books, articles, papers or papers presented at conferences, etc.

Author of GCC 2004, GCC2010 and Management Guide to GCC 2010.

5. Detail of experience as adjudicator during the past five years:

Heaton v N V Properties

ACV Civils v Western Cape Department Transport and Public Works

Penny Farthing Eng v Nelson Mandela Bay Municipality

6. Detail of experience as mediator during the past five years:

Thesens Sawmilling v Civils 2000

Knysna Housing v Contractor

Penny Farthing v Nelson Mandela Bay Municipality

7. Detail of experience as arbitrator during the past five years

60

F20 Trust v Chris Mulder Associates

J H Barry Builders v Roux

Bretcon v Riethoff

Lantern Developments v Luscombee

Crossley v Andre Vercueil Architects

Deacon Projects v Simola

Facil v Erasmus

Hamilton Nel Architects v Southern Ocean Seafoods

Joubert Construction v Midnight Masquerade

Le Roux Construction v Van Staden

Hunter Mitchell v Colin Bernic

Professional Engineer

Principal areas of experience:

Construction

Dispute resolution

Contract Documentation

Construction works with adjudication /mediation / arbitration

ALWYN JACOBUS du TOIT BSc B. Engineer (Civil) 1962 USA Address: P O Box 2163 Durbanville 7551 Telephone: (021) 9767806 Fax: 021 976 1304 Residence: ditto Cell:

61

Email: [email protected] Membership of Professional Institutions FSAICE AAArb MSAACE MSA MunE Experience and fields of work Civil Engineering Contract Conditions/Specifications/Agreements Variation/Certification/Delay/Claims and Disputes Dispute Resolution, Mediation Liability Issues On the President’s list of Mediator/Arbitrator since 1993 Specializing in Engineering Contractual Disputes, Professional Matters/Contract Documentation and Administration/Tenderadjudication/CivilEngineeringContract/Conditions/Specifications/ Agreements/Variation/Certification/Delay/Claims and disputes Dispute resolution experience GCC 1990 7 appointments GCC 2004 2 appointments Experience applicable to an appointment as adjudicator Disputants’ mutual agreement (since 1991) …………………………….. 10 cases Represent Contractor (since 1994)………………………………………………… 6 cases Represent Employer (since 1994) …………………………………………………. 3 cases Arbitrations conducted (since 2000) ………………………………………….. 2 cases Arbitrations conducted (since 1991) Expert Witness in Arbitration Proceedings ………………………………….. 3 cases Expert Witness in Legal Proceedings …………………………………………… 2 cases Expert/Independent Opinion (since 1991) On Disputes/Disagreements ……………………………………………………...15 cases On claims …………………………………………………………………………………..32 Liability Issues (since 1995) Representing Engineer in corporate capacity …………………………….3 cases The Employer’s remedies for non-‐performance by the Contractors and the Engineer on a particular project…………..3 reports CLAIM ASSESSMENT/PRESENTATION AND OPINION/DISPUTE RESOLUTION Alwyn du Toit’s experience/involvement since October 1994 in the field of construction contract claims and disputes include issues such as , inter alia: Tender acceptance Completion certification Sufficiency of tender Suspension of Works

62

Contract commencement Cancellation of Contract by Employer Lack of access/Site possession Ditto by Contractor Variation in scope/nature of work Termination accounts Evaluation of variations Reduction of penalties Designs’ suitability for its purpose Non-‐performance by Emerging contractor Suitability of materials Non-‐performance by ‘local labour’ Latent defects Community based Subcontractors

(delays and risks) Delays and disruption (compensable and excusable)

Prolongation/Extension of Time claims

Adverse conditions P&G allowances/indirect costs State of Emergency Career 1973-‐1974 GFJ Inc Civil Engineers (Director) Planning, design and specification, tender documentation, tender adjudication, contract administration and project leader for various civil engineering infrastructure projects.

-‐ Specialise in contract documentation and administration, municipal engineering, road design and road foundation design as well as development of consulting practice and quality management systems.

-‐ Practicing Mediator since 1990 1964-‐1973 GFJ Inc. Consulting Civil Engineers (Design and Site Engineer) Investigations and reporting, preliminary and detail design, specifications and construction supervision for various civil engineering projects. 1963-‐1964 Klerksdorp and Kroonstad Municipalities (Engineer) Design and construction supervision of municipal civil engineering projects. International experience

TERTIUS du TOIT BSc B.Ing (USA 1961) LLB (RAU) 1993 H.Dip Arb Association of Arbitrators 1994 Adv Management Diploma (UP 1985)

63

Address: P O Box 1733 Mossel Bay 6500 Telephone: (044) 691 9038 Residence: ditto Cell: 082 8243261 Email: [email protected] Membership of Professional Institutions FSAICE ECSA FAArb Experience and fields of work General Civil and Railway Engineering; Tunneling and underground work; Contract Administration; Disputes Adjudication; Mediation and Arbitration; Occupational Health and Safety. Author of publication: Project Management and Law Published by SAICE Involved in Hex river tunnel disputes and arbitration cases Specializing in All disputes in building and engineering construction industries and specializing in tunneling and underground construction. Dispute resolution experience JBCC 6 disputes

64

Leonardo Arthur Errera BsC (Civil Eng), MSc (Civil Eng) UCT, Address: P O Box 22056 Lyttleton 0140 Telephone: 012 6672473 Residence: as above Email: [email protected] Membership of Professional Institutions Pr Eng MSAICE AA Arb ACI Arb SPE Ir P. Eng Experience and fields of work Civil Design, River STabilisation/Protection, Stormwater Management, Road Works, Sanitation Structural Design, Bridges (minor), Reservoirs, Residential Unitis, Commercial Units Specializing in Roads, Material, Geotechnical Temporary support structures, reservoirs Bridges (minor) irrigation schemes, township services Structural design – industrial and residential Project Management Financial Management Training and rehabilitation of failing construction companies Dispute resolution and claims management Mediations Arbitrations Dispute resolution experience Consultation in alternative dispute resolution mechanisms and formal legal actions Conciliations/Settlement Negotiations/Mediations/Arbitrations/Supreme Court Actions Claims Management, Costing Management, Financial Management GCC 1982, 2004 2010 JBCC FIDIC NEC limited

65

IVOR GEORGE WILLIAM EVANS BSc (Civil Engineering) MBA (Wits Business School) Address: P O Box 4603 Northcliff 2115 Telephone: 011 678 3052 Residence: 082 5527421 Email: [email protected] Membership of Professional Institutions FSAICE, MICE, MIStructE, F.A.Arb Experience and fields of work Engineering Contracts, Project Management, Quality Management; Resolution Business Management in Engineering, General Civil and Structural Specializing in Engineering Contracts Project Management Quality Management Dispute Resolution Business Management in Engineering General Civil and Structural Engineering Practice Dispute resolution experience Assisted in mediation, Roads Contract Botswana Mediator in Roads Contract Limpopo Member of Disciplinary Tribunal of Engineering Council of South Africa (7 Hearings since 2005) 3 Arbitration cases since 2005

66

GRIFFITHS Andrew Lindsay PO Box 103, CRAMERVIEW, 2060, SOUTH AFRICA Tel (011) 239 5731 Cell 082 786 3895 Email [email protected] Year of Birth 1954 Country of Birth Wales, UK Nationality British Language English Education 1997 H Dip Arb, Association of Arbitrators (Southern Africa) 1990 MBA, University of the Witwatersrand 1979 MSc, Reading University, UK 1976 BSc (Hons), Leeds University, UK Present Position Director: Contractual Affairs, Hatch Africa (Pty) Ltd (member of the Hatch Group).

Following the merger of Goba (Pty) Ltd with Hatch on 1 April 2013. Experience 2013 – present: ADJUDICATOR: Disputes on a pipeline diversion contract (NEC3) 2013 – present: DAB (Dispute Adjudication Board) Member: Dispute Board Member (Ad-‐

hoc DAB) for a pipeline project in KZN (SA GCC 2010) 2013 – present: DAB (Dispute Adjudication Board) Member: Dispute Board Chairman

(Standing DAB) for a structures contract at Kusile power station (FIDIC Red Book) 2013 – present: Mediator: Mediator on a dispute on Waste Water Treatment Works near

Johannesburg (SA GCC 2004) 2013 – present: DAB (Dispute Adjudication Board) Sole Member: Dispute Board Sole

Member (Standing DAB) for a roads contract in Northern Lesotho (FIDIC Red Book) 2013 – present: DAB (Dispute Adjudication Board) Member: Dispute Board Chairman (Ad-‐

hoc DAB) for a 2nd contract at Medupi Power Station (FIDIC Yellow Book) 2013: MEDIATOR: Dispute on waste water treatment works (SA GCC2010) – Mediation

successful. 2013: ADJUDICATOR: Disputes on gas pipeline project (NEC3). 2012 -‐ present: DAB (Dispute Adjudication Board) Chairman: Standing Dispute Board

Member for ORWRDP2 water pipeline and pump-‐station project (FIDIC Red Book). 2012 -‐ present: DAB (Dispute Adjudication Board) Chairman: Dispute Board

Chairman (Ad-‐hoc DAB) for a contract at Medupi Power Station (FIDIC Yellow Book). 2012: ADJUDICATOR: Disputes on gas pipeline project (NEC3). 2012: ADJUDICATOR: 2 Disputes on FT Wax Expansion Project Work Package 03 (NEC3). 2012: ADJUDICATOR: Dispute on FT Wax Expansion Project Work Package 06 (NEC3). 2012: ADJUDICATOR: 2 Disputes on pipeline diversion project (NEC3). 2011:-‐ ADJUDICATOR: Dispute on sewer & water pipeline project 2010:-‐ ADJUDICATOR: Dispute on water pipeline, reservoir and access road project 2010 – 2011: MEDIATOR: Dispute on generator installation and refurbishment contract.

Mediation agreement achieved and dispute settled. 2009 – Present: MOKOLO – CROCODILE WATER AUGMENTATION PROJECT Chairman

of Management Committee and Contracts Specialist for R14 billion pipeline project to supply water to the Lepalale / Waterberg Coalfield area.

67

2009: ADJUDICATOR -‐ INGULA PUMPED STORAGE SCHEME, RSA Adjudicator appointed under NEC Contracts in respect of 7 disputes arising out of the Contracts for the Main Access Tunnel and Construction Access Tunnels. All disputes settled on basis of adjudicators decisions.

2008 – Present: THUNE DAM, BOTSWANA Project Director for Thune Dam, a 32.5m high by 1,500m long clay core earthfill dam with a central RCC spillway. Project also includes a water treatment works, pumpstation, delivery pipeline and access road.

2005 – 2009 DAM SAFETY REHABILITATION PROGRAMME Project Director for rehabilitation of nine dams (eight earthfill and one concrete) varying in height from 10m to 50m.

2008: ARBITRATOR -‐ 6 DAMS, SMITHFIELD DISTRICT, RSA Arbitrator for a dispute concerning the construction of 6 earthfill dams in Smithfield District of South Africa. The dams varied in height between 5 and 9m, the largest of which failed during first flood. The Disputes were settled during the arbitration hearing.

2003 – 2009 BERG WATER PROJECT SUPPLEMENT SCHEME CONTRACT Chairman of the Management Committee and Contract Specialist. The Berg Dam comprises a 70m high by 990m wide concrete faced rockfill dam with a side channel spillway. Chairman of DAB for pump-‐station civil works, weir, balancing dam and de-‐silting works.

2007 – Present: De HOOP DAM, RSA Management Committee Representative and Contract Specialist for De Hoop Dam, a 81m high by 1,020m long RCC dam with a central spillway.

2004 – 2007 DURBAN HARBOUR TUNNEL Project Director for award winning soft ground sub-‐aqueous tunnels

2005 – Present VAAL RIVER EASTERN SYSTEM AUGMENTATION PROJECT (VRESAP) JV Manco member and contracts specialist advisor for 120km, 1.9m dia pipeline from Vaal Dam to Secunda.

2005 – 2009: LESOTHO HIGHLANDS WATER PROJECT, FURTHER PHASES FEASIBILITY STUDY Member of the Management Committee and specialist reviewer.

2005 MEDIATOR : Factory roofing project 2004 DISPUTE BOARD -‐ INJAKA DAM Chairman of Disputes Review Board 2001 – 2005 GAUTRAIN Manco member of engineering JV and specialist advisor on

tunnelling & contracts, Value R7 billion 2003 – 2005 LEEUWKOP RELIEF OUTFALL SEWER Project Director. Includes pipeline,

tunnel, pipe bridge and short pipe-‐jack. Value 45m 1999 – 2004 LHWP, Phase 1B, Mohale Tunnel and Matsoku Diversion Project Director

and “The Engineer”. Mohale Tunnel is 32 km long. Value R905 million. Matsoku Diversion Project comprises an 18m high mass concrete weir and 6 km long tunnel. Value R290 million.

2001 – 2002 MAGUGA DAM, SWAZILAND Management Committee. 110 m high, clay core rockfill dam. Project Value = R500 million

1998 – 2000 KAMAZU DAM II, MALAWI Specialist advisor on contract claims and contract administration.

1988 -‐ 2000 LHWP, PHASE 1A,KATSE DAM AND TRANSFER TUNNEL 1997 -‐ 2001 Project Manager,

1993 -‐ 1997 Deputy Project Manager, 1990 – 1993 Senior Contracts Engineer, Project Value = R2.6 billion. Responsible for all aspects of JV's operations for design, project management and construction supervision. The Engineer in terms of the FIDIC conditions of contract. Katse Dam: Double curvature concrete arch dam, 185m high. Transfer Tunnel: 45 km long, 5m dia TBM driven tunnel.

Professional Associations FIDIC President’s List of Approved Dispute Adjudicators

68

CIDB list of Approved Adjudicators Fellow, Association of Arbitrators (Southern Africa) Director (Region 2) and Country Representative Coordinator, Dispute Resolution Board Foundation (DRBF) Fellow, SA Institution of Civil Engineers Fellow, Institution of Civil Engineers (UK) Pr Eng, Professional Engineer (RSA) C Eng, Chartered Engineer (UK) Specialisation Civil Engineering, particularly dams, tunnels and underground works. Dispute resolution -‐ dispute boards, adjudication, arbitration and mediation. Publications 2007 “Durban Harbour Tunnel – First Use of a Slurry Tunnel Boring Machine in South

Africa”, by A Hindmarch, A Griffiths, A Officer and G Wittneben, RETC Conference, 2007 Rapid Excavation & Tunneling Conference (RETC), 10-‐13 June 2007, Toronto, Canada [This paper was the recipient of the SANCOT Alec Wilson Memorial Award for the best paper on tunnelling, 2008]

1997 Special Issue, Proceedings of the Institution of Civil Engineers, ‘Lesotho Highlands Water Project – Project Management’

1992 Tuncon, ‘Engineer’s estimates for the Transfer Tunnel of the LHWP’

69

HUGH WILLIAM SEATON HODGE BSc (Civil) Engineer, SACPE, ECSA Address: P O Box 5037 Rivonia, 2128 Telephone: (011) 682 0655 Residence: (011) 807 3674 Email: [email protected] Membership of Professional Institutions MSAICE Experience and fields of work Specializing in Water and Sanitation structures. Roads. City structures. Design, PM/CM. Dispute resolution experience

70

Name Simon Gerard Joubert

Profession Civil Engineer (Water Engineering)

Name of Firm SiVEST SA (Pty) Ltd

Present Appointment Director: SiVEST SA (Pty) Ltd

Divisional Director: Civil Engineering Division

Years with Firm 12 Years

Date of Birth 7 June 1968

ID Number 6806075190086

Nationality Dual: British / RSA citizen

Professional Qualifications

B. Sc (Eng) University of Natal, Durban

Membership in Professional Societies

Pr. Eng (No 970129) (ECSA)

Fellow of the Association of Arbitrators

MSAICE

71

CETA Accreditation Number : 5P5350

NQF Level 7 : Reg 114913 (Nov 2006) CETA Accreditation Number : 5P5350

Employment Record

Oct 2006 – present Director : SiVEST SA (Pty) Ltd

Senior design engineer (water)

2003 – present SiVEST SA (Pty) Ltd : Engineering Division - Divisional Director

(Water) based in the Pietermaritzburg office.

2001 - present SiVEST SA (Pty) Ltd : Engineering Division - Senior Water

Engineer based in the Pietermaritzburg office.

1998 - 2001 Gauff, Liebenberg and Stander International, Gaborone, Botswana

1991- 1998 Jeffares and Green

72

Inc., Pietermaritzburg, South Africa Language Proficiency

LANGUAGE SPEAK READ WRITE

English Fluent Fluent Fluent

Afrikaans Fair Fair Fair

73

Key Experience

Specialising in Construction Contract Law, Rural water reticulation, Hydrology, Hydraulics

Structural. Design, Concrete Rehabilitation and site supervision.

Simon joined SiVEST in October 2001 as a water engineer. Since joining Simon has

been lead engineer and project director on all local (KZN and Eastern Cape) water

design, logging and specialist storm water projects. He assumed role of Divisional

Director (water) in April 2003. Responsible for all aspects of the water division.

Simon’s role in the division is managerial, procurement and contract

Since graduation Simon has gained experience in the fields of Structural Design, Concrete

rehabilitation and rural water reticulation. Simon has 4 years site experience on water related

project as Resident Engineer 3 of which were on the P150 000 000.00 Tlokweng Water

Reticulation Project in Botswana and a further 6 years site experience as the Engineer on sites..

Simon has 1.5 years experience in the field of structural engineering (reinforced concrete) and 7

years experience in the fields of hydrology, water reticulation and transfer. He is currently local

SiVEST Director and Project Leader (Water) based in SiVEST Pietermaritzburg Office. Simon is

an accredited member with the labour Intensive Construction , NQF7 in accordance with the

Department of Public Works requirement.

Prior to joining SiVEST Simon worked as a Senior Resident Engineer (Water) on the

Tlokweng Water and Sanitation project in Botswana.

PROJECT DIRECTOR AND DESIGN ENGINEER

(Oct 2006 – to date) -:

• Expert witness Giyani Water Pipeline (R126 000 000)

• Expert witness Ladysmith Hostel Fire

• Embuthweni Water (R 26 000 000.00).

• De Aar Storm Water Master Plan (R150 000).

74

• Glenwood Storm Water Modelling (R230 000).

• Turgis Bon Accord Flood Lines (R130 000).

• Sundimbili Water (R 2 600 000.00).

• Bulwer Farm Water Extension ( R 10 000 000.00).

• Nquba Refurbishment ( R 12 000 000.00).

• Middeldrift CWSS Phase 2 and SSA 5 (R 80 000 000.00).

• Fitty Park CWSS (R26 000 000.00).

• Nakambala fire design (R2 000 000.00).

• Canalisation of Raisethorpe Canal, Pietermaritzburg (R 3 000 000.00).

• Investec Building: - design of stormwater attenuation facility as part of

landscaped garden feature; compliance with municipal stormwater regulations,

stormwater management plan.

• Montclair Flood Modelling; - Advanced flood modelling for the entire Montclair

suburb, resulting in a calibrated SWMM model.

• Montclair Detention Pond; Project - Design and implementation of flood control

measures resulting from the above study.

• Trenance Park Housing - Floodline determination and stormwater management

plan.

• Forest Park Phase 2 - Stormwater management plan.

• Oslo and Albersville Cemeteries- Floodline determination and stormwater

75

management plan.

• Stormwater Master Plan for De Aar.

• Canelands Light Industrial Development:- Floodline determination and

stormwater management plan.

DESIGN ENGINEER:-

2003-2006

• uMhlumayo community water supply project (R 34 000 000.00).

• Siza Water Sanitation Study.

• Mbazwana Development (Water) (R 2 000 000.00).

• Jozini Development (Water) (R 2 000 000.00).

• Numerous hydrology and flood line studies.

2001 – 2003

• Resident Engineer (part time) for the Mkuze Ubombo Bulk Water Supply in

Mkuze, Mdlebeni Bulk Water Supply, Stanger and Mzozwane Road, Injasuthi.

• Senior Water Engineer on numerous hydrology and hydraulic modelling

projects.

• Supervised the Design and Construction of the upgrade to Ballito X Sewer

Pump Station.

• Involved in the design and project documentation of both on shore and off

shore works at the Sezela deep sea outfall.

76

• Involved in the preparation of business plans for infrastructure projects to

source CMIP and DWAF funding.

RESIDENT ENGINEER (WATER)

1999 – 2001

• Tlokweng Water Supply and Sanitation Scheme, Tlokweng, Botswana. The

water aspects of the contract involved:

- Installation of new pump sets, structural modifications and alteration to an

existing pump house,

- Construction of a 9900m 450mm dia GRP rising main and 13,5 MI reinforced

concrete reservoir.

- Construction of bulk reticulation network consisting of 5280m of GRP piping

(450 to 800,mm dia) and 28100m of uPVC (110 to 400mm dia).

- Verification of existing services.

- Leak detection study.

- Individual Plot connection.

- Mechanical Electrical and Telemetry works.

Contract value P 145 000 000 .00. (US$ 30 000 000.00).

• Compiled technical and financial proposals for roads and storm water reticulation

for three urban areas within Francistown.

1998

77

• Project manager involved in the Midmar bulk Water feasibility study. The

study compared a drill and blast tunnel and pipeline bulk supply and a twin

1600mm steel main.

• Involved in the initial data collection for the Sanitation feasibility study for

Palapye town, Botswana.

• Involved in the basic feasibility assessment, the preparation of business plans

and design for the supply of water to a number of villages in rural KwaZulu-Natal.

The work included demographic studies and Operation and Maintenance

proposals. Co-ordinated a number of engineers preparing business plans. This

work was done under the Department of Water Affairs and Forestry’s BoTT

programme by JGP who are part of AquAmanzi, the BoTT programme

implementing agent in KwaZulu-Natal South Africa.

• Detailed design of drainage systems for the Richards Bay coal Terminal,

KwaZulu-Natal, South Africa.

• Involved in the preparation of business plans preliminary design and detailed

design for a number of Villages in KwaZulu-Natal. Co-ordinated a number of

engineers preparing business plans.

• Catchment investigation in the Mpendle area, KwaZulu-Natal, South Africa.

• Proposals with regard to the handling of surface water runoff at the Richards

Bay Coal Terminal, KZN, South Africa.

• Preliminary design of bulk supply to a number of large communities in

northern KwaZulu-Natal.

• Site supervision of the removal of a 350 dia AC water main and the design of

reinforced concrete columns to support a 400mm dia steel flanged pipe.

• Design of two rural water supply and reticulation schemes in KwaZulu-Natal.

78

1996 • Employed as an Engineer-in-training working in reinforced

concrete design (bridge design, widening and lengthening),

prestressing and structural steel design, the hydrological

analysis of various catchments in KwaZulu-Natal, analysis

of the hydraulics of two bridges and a culvert and numerous

insurance assessments. Reinforced and prestressed projects

worked on included the widening and raising of two road

over river bridges, the lengthening of two culverts and the

widening of a 145m double cantilever, road over river,

bridge. Structural steel design project worked on involved

the design of the elevated shuttering and support and

fasteners for the pier widening of a road over river

bridge.

• Resident Engineer on the repairs and lengthening of the

Bushmans River Bridge near Weenen, KwaZulu-Natal. Damage

caused by excessive flooding.

• Employed as an Engineer-in-training. Involved in the

analysis of the hydrology of both large and small

catchments, the hydraulics of bridges and culverts and

reinforced concrete design.

• Presented a paper entitled ‘The Rehabilitation of the

Mzimkullu and Tongaat Reinforced Concrete Bridges’ at the

annual Transportation Convention. Presenting author

S.G.Jouberts, co-authors R.J. Tifflin (Director Tifflin

Purchase and Associates) and Prof. M.G. Alexander (Dept.

Civil Engineering, University of Cape Town.)

79

• Resident Engineer on the construction of the Bushmans

River Bridge and Culvert near Weenen.

• Resident Engineer on the rehabilitation of the Tongaat

River Bridge.

• Assistant Resident Engineer (Structures) on the

construction of one Pre-stresses Bridge and one portal type

bridge on the N2 near Port Shepstone.

• Seconded to Registered Engineers for Disaster Relief

(REDR) in the then Republic of Venda as part of a drought

relief team to survey villages water needs and find and

implement practical solutions to their water supply

problems.

• National service in South Africa Defence Force.

Commissioned to the rank of Second Lieutenant in November

1991 and completed service in the Engineering Corps design

offices in Pretoria, South Africa. Worked on the design of

storm water systems for army bases.

• Assistant resident Engineer on the construction of

Tongaat Toll Plaza. Responsibility involved minor quality

control and testing of materials.

80

DALE THOMPSON LIEBENBERG Pr.Eng B Sc (Eng) MBL MSAIEE MSAConsE Government Certificate Address: P O Box 955 Port Elizabeth, 6000 Telephone: 041 581 2262 Fax: 041 581 4564 Residence: Email: [email protected] Membership of Professional Institutions MSAIEE Experience and fields of work As a consulting Engineer since 1981, I have been involved in the Project Management of a large number of construction projects in the electrical and mechanical fields. Specializing in Appointed as adjudicator on ESKOM (Eastern Cape) contracts since 1996 Attended the NEC user group adjudicator training course Completed the diploma course in Arbitration presented by the Association of Arbitrators of Southern Africa 2000: Adjudication: ESKOM vs Azanco Construction 2000: Expert witness: Grootboom vs Graaff-‐Reinet Municipality Career 1977 Obtained degree of B.Sc Eng. (Electrical) (Stellenbosch) 1978 Appointed as Town Electrical Engineer (De Aar) 1980 Appointed as Deputy Town Electrical Engineer (George) 1981 Obtained the Electrical Engineer’s of Competency 1981 Joined De Villiers and Moore Consulting Engineers as Project Manager 1982 Was registered as a Professional Engineer 1983 Joined Ballenden and Robb Consulting Engineers and Project Engineer 1986 Became a member of SAIEE 1986 Obtained the degree of M.B.L (UNISA) 1989 Became a member of SAACE 1989 Became a partner Ballenden and Robb 1981 Appointed a Managing Director of Ballenden and Robb 1999 Obtained a Diploma in Arbitration from the Assc. Arb. Southern Africa 1999 Became an Associate in Association of Arbitrators

Dispute resolution experience I have been on the ESKOM Panel of adjudicators since 1997

81

DANIEL JOHANNES LOURENS Pr Ing (Civil) Arbitration Certificate 2002 NQF level 7 Certificate Construction Roadworks (Labour Intensive) CETA Address: P O Box 76144 Lynnwood Ridge, 0040 Telephone: (012) 8428700 Residence: (012) 361 4443 Email: [email protected] Membership of Professional Institutions Pr Eng (ECSA) PR CM (The SA Council for the Project and Construction Management Professions, FSAArb, Principal with SAACE, MSAICE Experience and fields of work Mediator Matemba vs. North West Roads Dept – colto Mediator Matemba vs. City of Tshwane GCC 1990 Mediator GR Makopa vs. Madibeng Local Municipality GCC 1990 Mediator Empyreal vs. Bojanala Platinum Municipality GCC 1990 Mediator Moseme vs. Gautrans GCC 2004 Arbitrator Nico Swart Bouers vs Paul Blaenau –JBCC Arbitrator Van Heerden vs. Jireh-‐Trust FIDIC Arbitrator Archilline vs. Nagel – NEC Arbitrator Matemba vs. City Tshwane-‐GCC 1990 Specializing in 25 Years experience as a Consulting Engineer specializing in construction supervision, dispute avoidance and dispute resolutions representing both employees and contractors. Claims, adjudication, mediations, arbitrations in all construction disciplines specializing in GCC 1990, 2004, JBCC, FIDIC and NEC documentation, representing either Employer or Contractors. Dispute resolution experience As above.

82

ADVOCATE PATRICK MICHAEL MACE LANE BA (LLB) Wits FCIArb FAArb ASAICE Address: The Maisels Group, Maisels Chambers, 4 Protea Place, Sandown, Sandton Telephone: (011) 5350800 Residence: (011) 4477281 Email: [email protected] Membership of Professional Institutions The Society of Advocates – South Africa Member of the Bar of England, Scotland and Wales Grays Inn LCIA Fellow of the Chartered Institute of Arbitrators and Chartered Arbitrator FAArb (Southern Africa,) The Korean Commercial Arbitration Board ICC International Chamber of Commerce Court, Paris – Listed on the panel of Arbitrators SA Member of the Dispute Resolution Board Foundation, USA Listed Arbitrator of the Dubai International Arbitration Centre ASAICE, TECBAR (UK), member of the Society of Construction Arbitrators (UK) ACCREDITED Mediator of the General Council of the Bar (UK) Experience and fields of work Admitted as an attorney of the High Court of South Africa in 1976 Called to SA Bar in 1977 Employed as Legal Advisor Society of Advocates Appointed Senior Counsel Called to the Bar of England Scotland and Wales Acting Judge to the High Court SA Appointed to a number of Disciplinary Boards Accredited Mediator SA and UK FIDIC JBCC NEC NTC Spesializing in Construction and Commercial Disputes Experience and fields of work (10 pages) on request

83

NIGEL AITKEN CAMERON NILEN Pr Eng BSc; MICE Ceng MSAICE FAArb Address: P O Box 1343, Witkoppen, 2068 Telephone: (011) 465 3601 Residence: Email: [email protected] Date of Birth: 18 August 1944 Present Position: Nilen Civil Engineering Services cc, sole member Contract Experience NEC, new FIDIC, Fidic fourth edition, JBCC, GCC 90, COLTO, various private and commercial. Dispute resolution experience Listed as mediator and arbitrator on several panels (including SAICE; CESA, Assoc. Arbs. Southern Africa; BIFSA). Appointed as mediator in civil engineering disputes in RSA and arbitrator in civil engineering and building disputes inn RSA and Botswana. On panel of construction experts (adjudicator) of Department of Correctional Services. Presentation of cases to Dispute Review Boards. Many successful negotiations at “amicable settlement” level. Career 1966 Graduated BSc in civil engineering from Heriot-‐Watt University, Edinburgh. 1996-‐72 Balfour Beatty, Scotland; Site-‐engineer to sub-‐agent on earth dam, concrete ancilliary works and motorway bridges, planning and temporary works design. 1972-‐74 Balfour Beatty, International; Agent in charge of civil works on multi-‐ discipline mine expansion project in Zambia. 1974-‐75 Balfour Beatty, Scotland; Planning and temporary works design on motorway projects. MICE in 1972. 1975-‐77 G.Percy Trentham; Agent in building contracts in Scotland and England 1977-‐78 Balfour Beatty, England; roject engineer leading tendering teams on major motorway and rail projects. 1978-‐80 Wimpey UK; Project manager on large commercial and industrial developments in England. 1981-‐89 Grinaker Construction, South Africa; Contracts manager to alternate director on mining, civil works, power station chimneys, road and rail contracts, various industrial contracts and, latterly, as project manager on Grinaker LTA Joint Venture on coal beneficiation plant. 1989-‐ Nilen Civil Engineering Services cc; Construction management consultancy specializing in contractual claims, dispute resolution and contractual auditing. Assignments have been undertaken throughout Southern, Central and West Africa as well as the Far East. Additionally, tendering and procurement activities are carried out. Primary objective is the provision of a contractual auditing service obtain the earliest possible solution to potential disputes. International Experience Angola, Botswana, Ghana, Lesotho, Malawi, Mozambique, Namibia, Swaziland, Tanzania, Thailand, Zambia, Zimbabwe

84

Languages English Official positions held Association of Arbitrators (Southern Africa) – Member of EXCO, Vice-‐Chairman 200-‐2001 Other activities and publications Small claims Arbitration tribunal (SCAT) – article published in technical press. University of the Witwatersrand external examiner, Department of Construction Economics and Management.

85

PETER LESLIE ODELL BSc (Civil Eng) MSc (Mining) COM, LLB Address: 13 Hy Many Place, 8 Frangipani Crescent, Randpark Ridge 2194 Telephone: (011) 201 5340 Residence: (011) 792 1131 Email: [email protected] Membership of Professional Institutions Pr Eng (ECSA) MSAICE MSAIMM Mine Managers Certificate AAArb Experience and fields of work Civil Geotechnics Underground Construction, Mining Specializing in As above Dispute resolution experience Nil

86

EDDIE OTTE BSc (Eng) MSc (Eng) MS DSc (Eng) A ddress: Postnet Suite 70, Private Bag X82329 Rustenburg, 0300 Telephone: 014 5922834 Residence: 014 5331318 Email: [email protected] Membership of Professional Institutions FSAICE SACPCMP ECSA Experience and fields of work Have been involved in Construction and Project Management for about 30 years Have been interested in legal aspects as evidence by completion of the Diploma in Arbitration Dispute resolution Specializing in Roads, pavements, materials (soils and concrete) contractual aspects Dispute resolution experience

87

STEPHEN DAVID POORTER Pr Eng, Pr CM, BScEng (Civil), B Com, MSAICE, FAArb Address: 11 Douglas Road, Cowies Hill, KwaZulu Natal Telephone: (031) 710 6100 Residence: (031) 702 3629 Email: [email protected] Membership of Professional Institutions Professional Engineer, Engineering Council of SA Professional Construction Manager, SACPCMP Member South African Institution of Civil Engineering Fellow of Association of Arbitrators Southern Africa Experience and fields of work Qualified with BScEng (Civil) from University of Cape Town in 1989 Road and structures design for Eskom 1990 to 1992 Project Manager Eskom Majuba Power Station 1992 to 1994 Registered as Professional Engineer 1994 Full member of SAICE 1995 Contracts Manager Concor Civils 1994 to 2002 Completed Construction Management Program Stellenbosch University 2001 Mill Civil Engineer and Project Manager – Sappi Tugela 2002 to 2004 Senior Contracts Manager Grinaker-‐LTA 2004 to 2009 Registered as Professional Construction Manager with SACPCMP 2004 Completed BCom degree through UNISA 2007 Contracts Director Grinaker-‐LTA 2009 to 2012 Accepted as Fellow of the Association of Arbitrators SA 2010 Operation Executive 2012 to present Spesializing in Construction Disputes

88

KEVIN SPENCE (Director - Civil Engineer)

Year of Birth: 1950 Country of Birth: South Africa Nationality: South African Language: English

Education:

2009 – Specialisation in Construction Law. Association of Arbitrators (SA) 2004 – Fellowship Course – Association of Arbitrators (SA) 1989 – MAP (Wits) 1977 – BSc.Eng (Civil)(Wits)

Present Position:

Senior Consultant, Director and General Manager – Binnington Copeland & Associates Binnington Copeland and Associates is the leading company in South Africa dealing with Arbitrations, Adjudications and

89

disputes in the South African Construction Industry. At present Kevin Spence is considered an expert on the FIDIC suite of contract documentation as well as the other 3 forms of contract prescribed by the CIDB and presents seminars regularly on all these forms of contract documentation.

Kevin is the only FIDIC accredited trainer in South Africa

BCA are presently retained by Eskom for contractual advice on the new fossil fuelled power stations, Medupi and Kusile. Kevin Spence has been intimately involved with most of the disputes on Kusile including matters which went to adjudication as well as arbitration. Presently Kevin is a member of the Main Claims Committee for Eskom, Kusile

Experience:

1995 – 2007 – Owner/Managing Director – Spray Pave (Pty) Ltd (Road surfacing) 1985 – 1992 – LTA Construction – Managing Director - Various Group Companies 1982 – 1985 – ZAI Consulting – Construction Manager - Civil and Building Works including Waste water plants and infrastructural development projects 1977 – 1982 – Specialist Engineer-Concrete Freeway Construction Projects

Professional Associations:

Registered Professional Engineer Member, South African Institution of Civil Engineers Fellow, Institute of Quarrying Fellow, Association of Arbitrators (Southern Africa)

Lecturing/Teaching:

In House Training – Spray Pave (Pty) Ltd and LTA Construction Presentation of Seminars – Contract Law, Advanced Contract Law, FIDIC, etc. Ad Hoc Lecturing to final year and post graduate Civil Engineering Students at WITS and Pretoria University predominantly on FIDIC, GCC, JBCC and NEC contract documentation

Publications:

CAPSA – Use of Emulsions in Cold Weather Surfacing

Arbitrations:

Presently appointed as Arbitrator in numerous matters as well as chairman of the DAB on a large water reticulation project in Northern Mozambique

Other relevant information:

90

Past Director – South African Bitumen Association Past Director – ASPASA (Aggregate and Sand Producers Association of South Africa)

Specialisation:

Dispute Resolution-Adjudication and Arbitration FIDIC Suite of Documents Freeway Construction Civil & Building Construction Concrete Structures Road Surfacing – Asphalt and Concrete

PETER ALAN ASTON RAMSDEN BSc Civil Engineering BCom Accounting in Economics MBL LLB Address: Chenin Blanc No 6, 227 Pleiades St, Waterkloof Ridge 0181 Telephone: 012 347 9631 Residence: 012 3479631 Cell: 082 5579927 Email: [email protected]

91

PETER NEWSON THURLOW Pr Eng C Eng BSc (Eng) (Civil) Address: 4 Hillcrest Ave, Craighall Park, 2196, South Africa Telephone: (011) 787 6226 Fax: (011) 787 6526 Email: [email protected]

92

Membership of Professional Institutions MSAICE MICE MCMI PMP (USA) Experience and fields of work Thurlow Associates CC. Industrial Project Managers and Contract Consultants Specializing in NEC. JBCC, GCC 90/2004 FIDIC Dispute resolution experience Since 1993 Peter has provided more than ninety NEC Adjudications for major clients and contractors covering all aspects of technical, legal, contractual and time/cost related disputes; in other he has provided proactive contractual advice resulting in later settlements. Peter also advises contractors and employers in the preparation and management of adjudication dispute submissions. Where appropriate, Peter uses expert legal and technical advice; since the mid-‐1990’s he has worked with LindsayKeller Attorneys in many NEC adjudication and legal matters; he is also associated with Osborne Clarke – one of Europe’s most respected and dynamic law firms – in providing legal NEC-‐related advice into one of South Africa’s largest construction court actions. Peter consults with Dr Martin Barnes – the founder of the NEC – through UK visits and NEC assistance for clients. The adjudication show 10% relate to legal interpretations; 50% derive from the interpretation of the contract terms themselves; 10% are based n Works Information interpretations and 40% arise from the delay and disruption issues. With the agreement of the parties, Peter uses innovative methods to overcome obstacles to provide finally accepted solutions. Peter recently initiated the first successful, internationally led, NEC-‐based mediation in RSA and is currently involved in two further such matters. Career Peter is a project management and contract consultant with extensive local and UK project management experience. He specializes in the practical use of several conditions of contract including the NEC. Since the early 1990’s he has been committed to the training, implementation and administration of NEC contracts. He provided regular NEC/project management workshops and lectures on the NEC at a leading business school. He was responsible for the planning and implementation of the Rapid Delivery Procurement System for the National Department of Public Works and subsequently managed more than R500 million of cost reimbursable construction contracts. 1972-‐1974 William Halcrow and Partners – detailed engineering investigations of colliery

spoil heaps in South Wales followed by the design and construction of Foremark Reservoir for the river Dove Water Board in Leicestershire.

1975 Construction Middleburg Dam 1976 Construction of Acid Plant for Lurgi in Welkom OFS 1977 Sir William Halcrow and Partners – London – investigations into dam and reservoir safety for the British Waterways Board 1978-‐83 Project Manager for EMS (Murray & Roberts) for Richards Bay Coal Terminal,

South African Breweries and other major process plant clients.

1983-‐ Thurlow Associates CC. Consultancy, active project and construction management services to clients, consultants and contractors in all disciplines of the construction and related industries.

International experience Design, project management, contract administration and contracting experience in the United Kingdom

93

Other activities and publications Lectures in project and construction management at leading business school. PMI Adjudicator for Project of the year awards. Co-‐founder of the SA NEC User Group Association in 1995; presenter at NEC User Group meetings in London; plans and run NEC training and practical workshops; provides specific workshops on the NEC and on the applications and training of adjudicators; various technical and project management publications including the time-‐cost modeling of contracts for effective reolution of time and cost disputes.

ANTON VAN LANGELAAR BEng(Hons), MSc, PrEng, PMP®, Fellowship Certificate in Arbitration -‐ AArb(SA), CD/ACDS Accredited Commercial Mediator, Certificate in Financial Management in SA Address: PO Box 66703, Highveld, 0169, South Africa Telephone: +27 (0)12 665 1987 Fax: +27 (0)12 665 1987 Cell: +27 (0)71 857 6867 Email: [email protected]

94

Membership of Professional Institutions FA Arb -‐ Fellow, Association of Arbitrators (Southern Africa)

CD / ACDS Accredited Commercial Mediator

MCIArb -‐ Member, Chartered Institute of Arbitrators, UK

MSAICE -‐ Member, SA Institution of Civil Engineers

PMI -‐ Member, Project Management Institute (USA and South Africa)

DRBF – Member, Dispute Resolution Board Foundation (also Country Representative for South Africa)

SCL – Member, Society of Construction Law, UK

CEDR– Member, Centre for Effective Dispute Resolution Exchange Network, UK

Registered Training Mentor, Engineering Council of South Africa

Experience and Fields of Work Dispute Avoidance and Resolution Practitioner, Project Manager and Civil Engineer. Dispute

management, avoidance and resolution; programme and project management, claims management,

contract administration, large project design, procurement and construction. High speed rail (civil

works, track, stations, depots, core systems), intercity and commuter rail, tunnels, RCC dams, large

diameter steel pipelines and pump stations, roads, bridges. Jurisdictions of experience -‐ Roman-‐

Dutch Law, Common Law, Civil Law and State of New York Law.

Specialising in Dispute management, avoidance and resolution

International Experience Turkey, Taiwan, Lesotho, Kenya, Tanzania, Eritrea

Other activities and publications Van Langelaar A, Tobin P (2006) Project-‐managing Dispute Resolution. Arbitration. 72(4), Nov.

Van Langelaar A (2005) Assessment of Settlement Risk. Arbitration. 71(1), Feb; (2004) Dispute

Boards as an Alternative Dispute Resolution Mechanism on Construction Projects in Southern Africa.

Arbitration. 70(2), May; (1999) Tunnelling Contract Sets an Example. South African Tunnelling;

(1995) Development of Simplified Tender Documentation for Small Contractors, for presentation at

Constructex, 1995; Van Langelaar A, Veldman B, (1993) Routine Road Maintenance Contractors in

Transkei – A Status Report, presented at Annual Transport Convention (ATC) 1993. Teaching /

training activities include dispute management, project management, dispute boards, claims and

dispute avoidance and dispute settlement; ECSA training mentor.

FRIK VAN DER MERWE

B.Sc, B.Eng (Civil) Address: Heimat No 1, Barkhuizen Avenue, George, Western Cape. PO Box 10932, George, 6530 Telephone: Office: 044 873 2615 Mobile: 083 250 4045

95

Fax: 086 657 1903 Email: [email protected] Membership of Professional Institutions Pr Eng (ECSA), MSAICE, MCESA, AAArb Experience and fields of work - Career

Since 2008 based in George, Western Cape Province, South Africa, working freelance as claims and dispute resolution expert, having retired at end 2007 as consulting engineer with AFRICON (now AURECON).

2005 to 2007 based in Dubai as GM for AFRICON’s operations including documentation, quality and project management and dispute resolution on all company projects in the Middle East Region

Career with AFRICON from 1970 to 2004, involved in diverse projects in Southern Africa and neighbouring states acting as RE, Contract Management Engineer and eventually becoming Director and MD responsible for the resolution of contractual claims and disputes, and dealing with formal mediation/arbitration/litigation cases according to accepted international standards.

Extensive involvement with funding agencies (e.g. KfW, ADB, the DBSA, World Bank, USAID) and quality management incorporating ISO 9001:2000 (CE Services), ISO/IEC 17025:1999 and ISO 14001:2004 Specializing in

Civil Engineering Contract Management and Claim/Dispute Resolution Countries work experience:

South Africa, Lesotho, Namibia, Botswana, Mozambique, Malawi, Kenya, United Arab Emirates, Bahrain, Oman, Qatar, Yemen. Dispute resolution work experience:

Extensive experience with standard specifications employed for civil engineering work in Southern Africa, as well as the relevant conditions of contract. These include, inter alia, CSRA 1986, SAICE (1990 and 2004), FIDIC (1984 and 1999 suites), SANS 1200, SADC and COLTO.

Fully au fait with FIDIC 1999 Adjudication procedures, having since 2009 to date been extensively involved in assisting SANRAL with resolution of a number of major disputes on the GFIP projects through Adjudication.

Acted as Mediator and Arbitrator on several disputes, and also assisted clients as specialist advisor/expert in proceedings towards dispute resolution through litigation or arbitration.

Currently serving on the SAICE President’s List of Mediators and Arbitrators.

THEUNIS van ZYL Pr Tech Eng, Pr CM, B Tech Eng (Civil), MDP (USB), Certificate in Adjudication and Arbitration Address: 5 Arauna Way, Brackenfell Telephone: (021) 981 4229 Fax: (021) 981 4298 Cell 071 1089 540 Email: [email protected]

96

Membership of Professional Institutions & Associations Professional Technologist -‐ ECSA Technologist Member – SAICE Professional Construction Manager – SACPCMP Associate Member of the Association of Arbitrators South Africa – A A Arb Adjudicator (SAICE/CESA/MBA) Mediator (SAICE) Arbitrator (SAICE) Experience and Fields of Works Owner/Manager: VAN ZYL & ASSOCIATES Multi-‐Disciplinary Construction, Consulting Engineering, Design and Construction experience in local and international market ranging from reinforced concrete structures, water retaining structures, civil infrastructure, buildings and railway engineering. Experienced as Contracts Manager. Project Manager and acting as the Engineer in terms of General Conditions of Contract for Construction Works. Specializing in Contract drafting in accordance with CIDB and GCC 1990 / 2004 / 2010 / FIDIC / NEC / JBCC Claims consulting, arguments, submissions and dispute resolution Adjudication, Mediation and Arbitration International Experience Project Management in United Kingdom on Midlands Rail Renewal Project Dispute Resolution: Sierra Leone, Zambia, Burundi, Papua New Guinea. Bahrain, Mexiko, Mauritius Other activities and publications Author of Managing Construction Contracts with General Conditions of Contract (first editions 2009) Part-‐time lecturer at Cape Peninsula University of Technology for Contract Management (BTech). Training and Seminars presenting in GCC 2010

MICHAEL WILLIAM WATSON BSc (Civil) (Eng) Master Public Administration, Pr Eng C Eng (UK) Address: 26 Country Place, Hawthorne Avenue, Sunridge Park, Port Elizabeth, 6045 Telephone: (041) 360 4408 Residence: (041) 360 4408 Cell: 082 7507060

97

Email: [email protected] Membership of Professional Institutions FSAICE MICE (UK) ECSA Experience and fields of work

50 Appointed mediator cases 5 Adjudicator cases

Experience and Field of Works 2010 -‐ Mediation – Penny Farthing and Cacadu District Municipality. Dispute resolved. 2010 – Mediation – Elomso Maintenance Services and National Department of Public Works. Dispute resolved. 2009 – Adjudication – WK Construction and uThukela Water. Dispute resolved. 2009 – Mediation – Civils 2000 and NMM Municipality. Dispute resolved 2009 – Mediation – Give Ziyawa and Makana Municipality. Opinion not accepted by either party. 2007 – Mediation – WK Construction and NMM Municipality. Opinion not accepted by one party and referred to arbitration. Arbitrator confirmed Mediator’s opinion. 2007 – Adjudicator – 2 World Bank financed projects – Addo National Park. 2006 – Mediation – Lovemore Heights Estate and Omega Civils. Dispute resolved. 2003 – Mediation – Province of the Eastern Cape Department of Roads and Public Works and WK Construction/Ulovo Construction Joint Venture. Dispute resolved. 2003 -‐ Mediation – Lukhanji Municipality and Sayibamba Contractors. Dispute resolved. 2002 – Mediation – Cacadu District Municipality and Sword Contractors. Dispute resolved Specializing in Most Municipal and Government Infrastructures Both Construction and contract administration

BRYAN WESTCOTT B.SC.ENG, PR.ENG, PR.CM, C.ENG, MSAICE, MICE,

98

PROFESSIONAL CIVIL ENGINEER P.O.BOX 564, CRAMERVIEW, 2060 TEL. (011) 706 7135 / 083 653 3620 EMAIL [email protected] FAX (086) 504 2384

CURRICULUM VITAE

NAME: BRYAN JAMES WESTCOTT, I.D.NO: 4901015006088 QUALIFICATIONS: B.SC (CIVIL ENGINEERING), UNIVERSITY OF THE WITWATERSRAND- 1971 (STUDENT NO 03193570) CERTIFICATE IN ARBITRATION, ASSOCIATION OF ARBITRATORS (SA)-2011 PROFESSIONAL REGISTRATION: ENGINEERS COUNCIL OF SA (ECSA): PROFESSIONAL ENGINEER, REG. NO: 760138 – 1976 ENGINEERING COUNCIL (UK): CHARTERED ENGINEER (C. ENG) REG. NO: 582704 SACPCMP: PROFESSIONAL CONSTRUCTION MANAGER – REG. NO: C/656/2006 PROFESSIONAL ASSOCIATIONS: MEMBER, SOUTH AFRICAN INSTITUTION OF CIVIL ENGINEERS – 1976 MEMBERSHIP NO: 011559 MEMBER, INSTITUTION OF CIVIL ENGINEERS (UK) MEMBERSHIP NO: 67105376 ASSOCIATE MEMBER OF THE ASSOCIATION OF ARBITRATORS MEMBERSHIP NO: 3059 CONTINUED PROFESSIONAL DEVELOPMENT: CONSTRUCTION MANAGEMENT PROGRAM, UNIVERSITY OF CAPE TOWN, 1983 NUMEROUS CONSTRUCTION INDUSTRY RELATED SHORT COURSES IN: OCCUPATIONAL HEALTH AND SAFETY, CONTRACT LAW, CONCRETE TECHNOLOGY, LABOUR RELATIONS, CONSTRUCTION PLANT AND EQUIPMENT, CONSTRUCTION METHODS, ACCOUNTING AND FINANCIAL MANAGEMENT.

99

MANAGING AND MOTIVATING PEOPLE PROGRAM, UNIVERSITY OF CAPE TOWN – 1981. ACCREDITED FACILITATOR, ASSESSOR & MODERATOR- CONSTRUCTION EDUCATION & TRAINING AUTHORITY (CETA). CONDUCT, ASSESS AND MODERATE OUTCOMES-BASED TRAINING SAICE COURSES ON NEC, GCC 2010 AND FIDIC CONTRACT DOCUMENTS ACCREDITATION AS A CONSULTANT IN TARGETED PROCUREMENT AS A RESPONSIBLE AGENT. PROFESSIONAL ACTIVITIES: SAFCEC- (SOUTH AFRICAN FEDERATION OF CIVIL ENGINEERING CONTRACTORS) - NORTH BRANCH DEPUTY CHAIRMAN 1998 - 2000 - NORTH BRANCH CHAIRMAN 2000 – 2002

- NATIONAL VICE PRESIDENT 2000 – 2002 - NATIONAL DEPUTY PRESIDENT 2002 – 2004 - NATIONAL PRESIDENT 2004 – 2006 - OTHER SAFCEC COMMITTEES: - TRAINING COMMITTEE - HUMAN RESOURCES COMMITTEE (MEMBER OF THE NATIONAL WAGE NEGOTIATION TEAM)

- ENTERPRISE DEVELOPMENT COMMITTEE - ECONOMICS COMMITTEE - CLIENT LIAISON COMMITTEES CIDB - MEMBER OF FOCUS GROUP 6 ADVISORY PANEL (CONSTRUCTION INDUSTRY DEVELOPMENT BOARD) EPWP - MEMBER OF THE INDUSTRY LIAISON COMMITTEE (EXTENDED PUBLIC WORKS PROGRAM) BUSA - SAFCEC REPRESENTATIVE AT BUSINESS UNITY SOUTH AFRICA (BUSA) ECSA - VOLUNTARY ASSOCIATION, INDUSTRY REPRESENTATIVE, (ENGINEERING COUNCIL OF SA) SACPCMP - VOLUNTARY ASSOCIATION, INDUSTRY REPRESENTATIVE

100

(SA COUNCIL FOR THE PROJECT AND CONSTRUCTION MANAGEMENT PROFESSIONS) SAICE - MEMBER OF THE PANEL OF MEDIATORS (SA INSTITUTION OF CIVIL ENGINEERS) NHBRC - DIRECTOR 1999 - 2001 (NATIONAL HOME BUILDERS REGISTRATION COUNCIL) ESKOM - REGISTER OF NEC ADJUDICATORS JIPSA & ASGISA PROGRAMS – MEMBER OF THE DEPUTY STATE PRESIDENTS INDUSTRY ADVISORY PANEL. CIDB – MEMBER OF THE CIDB PANEL OF ADJUDICATORS FOR CONSTRUCTION CONTRACTS CONTRIBUTION TO PUBLICATIONS: - GENERAL CONDITIONS OF CONTRACT FOR CONSTRUCTION WORKS, GCC 2010

MEDIATORS* ARBITRATORS* &* ADJUDICATORS* … Arbitration and Adjudication... ·...

Documents

Transcript of MEDIATORS* ARBITRATORS* &* ADJUDICATORS* … Arbitration and Adjudication... ·...