David G. Waddle, FCIOB, FAPM, AMICE, MCIArb
Director, Delay and Construction Management Expert Witness
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Expert QuestionS & AnswerS
With your experience as an expert witness, what differentiates a delay expert’s opinion that holds up under scrutiny from one that doesn’t?
The analysis should be fact based and include the application of common sense and practical experience. The source data and programmes must be interrogated and not simply accepted as being correct. Unfortunately many delay analysts accept contractor programmes verbatim and do not consider whether they are realistic and the network logic is reasonable.
Your professional chartership reflects a depth of technical and ethical commitment. How do professional standards and codes of conduct influence the way you approach independent expert work in construction delay analysis?
There are strict rules which set out the requirements for an expert witness – in particular, independence and duty to the tribunal/court. Professional standards and the Code of Conduct do not influence my approach to my work, but they do support my technical and ethical approach. They provide clients and tribunals with the knowledge that, as a Chartered Fellow, I conduct myself to the highest standards, and this is recognised by the various institutions of which I am a member.
As a leader in construction delay analysis, what trends are you seeing in the types of disputes or engagements coming in across EMEA, and how is the practice evolving?
A trend that has evolved over recent years in adjudication is that the referred disputes are becoming larger and more complex. As a result, the teams on both sides are also larger, and the legal teams regularly include barristers/advocates. A further consequence of the size of the dispute is that the adjudication process regularly exceeds the intended 28 (42) day duration; it is becoming increasingly common for an adjudication to last for several months.
What is the most surprising cause of delay or cost overrun you’ve uncovered in a dispute that neither party had initially recognised?
I do not recall uncovering a particular ‘surprising’ event causing delay. What does continue to surprise me is the same issues appear over and over no matter what the project is or which firms are involved. Experienced Tier 1 firms repeat the same errors and do not learn from them. As an example, I previously worked on two disputes in London at the same time involving similar projects but with different parties, yet the issues were identical.
What do you wish more people understood about connecting schedule data to what actually happened on site?
The issue I find with schedule data is that it is often inaccurate and/or lacking detail. Programmes are updated without using accurate dates or measures of work achieved. As a project planner, part of my role was to record actual dates and physically measure work done each week; this provided an accurate update and forecast.
Background
David learned the construction process, including work study, construction planning, and project management, over 22 years working for Tier 1 national civil engineering, building, and management contractors as a senior planner, site agent, and project manager.
In 2000, David transitioned to consulting, where his reports have been presented in various tribunals, including the Technology and Construction Court (TCC) and the Court of Session (Scotland), as well as in arbitration and adjudication, and have been instructed by the Dutch Court. Through cross-examination, David has established himself as a delay expert with a successful track record, settling disputes regularly in his client’s favour, often through negotiated settlement. He is also an experienced project manager with a strong focus on the restructuring of distressed projects.
In a civil engineering adjudication, his analysis demonstrated a 120‐week delay relative to the original 104‐week contract period. The adjudicator agreed entirely with David’s analysis and commented that David had “articulated his analysis clearly and comprehensively”.
In a building (JCT) adjudication, the adjudicator stated “…all of the relevant data, including actual progress and its impact on the completion date, must be considered. I prefer the approach adopted by Mr Waddle”. This resulted in the contractor being awarded a full Extension of Time.
David is a Chartered Fellow of the Chartered Institute of Building (CIOB). The CIOB states, “Gaining Fellowship status from the CIOB demonstrates a very high level of achievement: Fellows are among the most experienced and knowledgeable professionals in the industry”.
Education and Certifications
- Diploma International Commercial Arbitration: Queen Mary University (2007)
- Expert Witness Civil Certificate: Cardiff University Bond Solon (CUBS) (2023)
- Chartered Construction Manager: Chartered Institute of Building
- UK Government Security Clearance (SC Level)
Associations and Memberships
- Fellow: Chartered Institute of Building (FCIOB)
- Fellow: Association for Project Management (FAPM)
- Associate Member: Institution of Civil Engineers (AMICE)
- Member: Chartered Institute of Arbitrators (MCIArb)
- Member: Project Management Institute
- Member: Society of Construction Law
Contact Information
Testimony Experience
- Adjudications
- Arbitrations
- Hearings
- Mediations
- Trials