Iain Peters, BSc (Hons), MCIOB, MCIArb
Senior Consultant, Delay
SERVICES GROUP
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Expert QuestionS & AnswerS
After 24 years in planning and delay analysis, what is the most common mistake you see parties make early in a dispute that weakens their position later?
Maintaining an over-optimistic belief with regard to extension of time entitlement, without paying enough consideration to the potential effect of concurrent delays, late delay notices, and disagreements over approved programmes/delay analysis methodologies.
Effective claims management is as much about contemporaneous record-keeping as it is about the final claim submission. What is the most critical advice you give project teams at the start of a contract?
Read the contract! Check the project requirements regarding the submission of programmes, progress reports, and delay notices, as these documents will be heavily relied on in a claim / dispute. I have witnessed Tribunals declaring delay notices invalid that were only marginally late.
With your experience as an expert witness, what differentiates a claims management expert’s opinion that holds up under scrutiny from one that doesn’t?
The ability to establish the facts through the available evidence (records), and to be able to rely on relevant experience where necessary, prior to providing an opinion.
In 24 years of construction and consulting, have you encountered a case finding that made you rethink something you thought was unlikely?
On a disruption claim I previously worked on, the claimant acknowledged they could not disentangle each individual disruption event and examine the effect of each on the Subcontract works, and subsequently issued a global claim. Despite the often negative opinions surrounding global disruption claims, the factual evidence demonstrated across the site led the Tribunal to believe that a more generic approach was, in this case, reasonable, and a positive award was made to the claimant.
What is one piece of advice you find yourself giving clients over and over again?
Maintain accurate records.
Background
With 24 years of experience in the construction industry, Iain specialises in delay analysis and in the preparation and rebuttal of delay and disruption claims by applying forensic methodologies as per the Society of Construction Law protocol. Iain also specialises in the detailed planning of projects from tender stage to completion and in the drafting of contractual correspondence for delay issues.
This experience has been gained from working on a variety of major projects in the UK and across the Middle East, including airports, hospitals, universities, rail stations, bridges, hotels, and high-rise commercial and residential developments.
Iain has experience of the full international arbitration cycle in the UAE, having provided extensive support to the independent delay expert, law firm and counsel involved, through explanations of the complex background to the delays and disruption, and the programme records.
This concluded with Iain being put forward for cross examination as a factual witness for the claimant, where his witness statement evidence for the delays and disruption went unchallenged before the Tribunal.
Iain has also assisted delay experts in the preparation of delay analyses and reports for litigation and adjudication proceedings in the UK.
Iain is familiar with various planning software such as Primavera P6 & P3, Asta Powerproject and MS Project. He also possesses a sound knowledge of various forms of construction contracts such as FIDIC, NEC, JCT, and other bespoke forms.
Education and Certifications
- Engineering Business Development, BSc (Hons): Bournemouth University (1999)
- Forensic Schedule Analysis, Prof.Dip: College of Contract Management United Kingdom (2023)
Associations and Memberships
- Member: Chartered Institute of Building (MCIOB)
- Member: Chartered Institute of Arbitrators (MCIArb)