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John McGill

  • Managing Director
  • T: +44 (0) 20 3727 1358
  • F: +44 (0) 20 3727 1007
Office
    • 200 Aldersgate
    • Aldersgate Street
    • London, EC1A 4HD
    • United Kingdom
    • T: +44 20 3727 1000
    • F: +44 20 3727 1007
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John McGill is a Managing Director in the FTI Consulting Forensic and Litigation Consulting practice.  He has worked in the construction industry for over thirty years, the first ten of which was spent gaining experience with major construction and engineering contractors.

Following nine subsequent years in construction contracts consultancy, during which time he was called to the Bar of England and Wales (July 1992), Mr. McGill was appointed as Director of Legal and Commercial Affairs of a national trade association in 1997 involved in the engineering construction sector of the industry.  His role included providing advice and guidance on all legal aspects of construction contracts and contract management to the member contractor organisations, representing their interests to government and other bodies, and drafting codes of practice, policy statements and member publications to help improve industry competitiveness.  He also provided training for management staff and professionals within the industry.

Since joining FTI Consulting Mr. McGill has gained further valuable insight through extensive procurement and contract management advisory role instructions particularly for project funding bodies and contracting organisations where performance, financial and contractual matters required investigation, clarification and recommendatory guidance.  Mr. McGill has also been engaged in advising on a wide span of dispute resolution matters and in claim preparation and negotiation, advocacy and mediation references both on behalf of employer/owner and contractor parties, including acting in numerous adjudication proceedings.  He has been instructed as an expert witness on quantum and quantity surveying matters, having gained experience as an expert witness assistant on similar issues.  Through his experience, Mr. McGill has developed honed communication skills and is used to presenting with clarity, typically detailed information in succinct form whether by written or oral means in order to meet the client’s objectives.

Expert Evidence

  • Instructed as quantum expert in litigation proceedings between a claimant building contractor and a defendant employer where time, loss and expense and variation issues were in dispute in regard to a mixed use development in central London.
  • Provided quantum expert witness assistance in arbitration proceedings between an international contractor against an employer concerning a significant commercial development in Russia.
  • Provided quantum expert witness assistance in a high profile litigation action by a client employer against a national contractor concerning the construction of a new hotel.
  • Advised on the ascertainment of loss and expense and provided expert witness reports in arbitration over a £500,000 dispute. Undertook formal analysis of evidence to support the case, and determined alternative strategy for the claimant’s action.

Adjudication

  • Successfully defended adjudication proceedings commenced by a main contractor against a national mechanical and electrical contractor for alleged delay and damages for breach of contract.
  • Acted successfully in high profile adjudication proceedings (including advocacy) for a main contractor client against whom a services sub-contractor had commenced an action for an extension of time award and loss and/or expense allegedly incurred.

Arbitration

  • Successfully advised, pleaded and advocated a specialist sub-contractor’s arbitration action against a main contractor.
  • Successfully managed arbitration actions for employer and contractor clients.
  • Provided expert witness assistance in managing arbitration for a major UK pension fund on a refurbishment contract. Separated the issues in dispute and enabled negotiation of a satisfactory settlement, avoiding the need for a hearing.

Claims Management

  • Provided advice and guidance to a contractor concerning a major innovative infrastructure project under an engineering and construction contract.
  • Reviewed and reported on project strategy in regard to eight capital projects particularly on areas of dispute and dispute management. Provided consideration to available options and recommended courses of action.
  • Advised a public sector provider on the non-performance by contractors and consultants in respect of the provision of essential health services and formulating claims.
  • Advised an NHS Trust regarding, and compiled claims for, non-performance of design and management consultants employed on new build and refurbishment projects. This advice enabled trust board to follow best route of action against the appropriate consultants.
  • Audited construction contract management and performance obligations of all participants on a series of publicly funded projects for a national funding body. Advised on appropriate action to assist dispute avoidance and/or resolution and provided ongoing project advice.
  • Advice regarding, and preparation of, claim submissions for extensions of time and additional cost/loss and/or expense claims for national construction contractor clients on varying contracting strategies.
  • Provided contractual and risk assessment advice in regard to the defence of a claim for damages from a civil engineering contractor to a national rail client.
  • Advised upon and prepared a claim for an extension of time and loss and/or expense for a national rail employer against its client on a £300m light railway project.
  • Prepared and submitted on behalf of a major civil engineering contractor, a time and cost claim in respect of work carried out on a pharmaceuticals project.
  • Provided contractual and risk assessment advice both in respect of, and in preparation of a claim for damages against a vehicle supplier for a national rail client.

Procurement

  • Reviewed and advised a member of a consortium upon the risks and rewards within a £30m renewable infrastructure contract for which it was preferred bidder.
  • Advised a large property management company upon suitable procurement strategies for managing the maintenance and development of its property portfolio.
  • Review of procurement methods for specialist fit-out packages for a £100m residential refurbishment project.
  • Considered and advised upon an employer’s procurement strategies (including its terms and conditions) for engaging building and civil engineering contractors by an international chemicals company.
  • Provided guidance to a multi-national car manufacturer on construction procurement for extensions to their UK-mainland car plant.
  • Preparation of tender documentation including conditions of contract for a proposed LNG plant for a global oil and petrochemical company.
  • Drafted and negotiated contract conditions suitable for use between employer, contractor and consultants on a £30m DBFO PFI project.
  • Drafted and negotiated tender and contract documentation suitable for use between a UK public authority and contractor in a national waterways maintenance programme.
  • Advised upon conditions of contract suitable for a joint venture transport client in regard to a significant and high risk infrastructure project.

Contractual Advice

  • Reviewed and reported on applications for funding on fourteen varied capital projects in order to enable funders to consider the eligibility of same, including commentary on project progress, conduct of applicant and relevant value for money criteria.
  • Advising various managing, mechanical, electrical, access and finishing contractors on payment resolution matters including legislation interpretation, the right to statutory interest, breach of contract and loss of profit issues, etc.
  • Advised a multi-national engineering practice on rights and liabilities arising from a failed joint venture bid for a high profile property management project.
  • Advised and acted for a contractor client against whom claims had been made for alleged defective works, cross contract set-off had been levied and final account settlement was required across four projects. Provided appropriate dispute resolution advice to endeavour to settle matters without recourse to proceedings.
  • Advised a national civil engineering contractor involved in works concerning international power transmission lines, on the proper basis of its claims for additional time and expense against a public body client involved.
  • Advised on contract rectification and negotiated on the entitlement of a national contractor carrying out work on an FGD retrofit power plant for a global energy services provider.
  • Contractual guidance to a specialist nuclear construction and decommissioning contractor on extensions to a UK nuclear power plant.
  • Provided advice to a global oil and gas client upon the basis of claims for and against it on the development of an international gas project.
  • Provided contractual and risk assessment advice both in respect of, and in preparation of a claim for damages against a locomotive supplier for a national rail client.

Audit

  • Audited various corporate clients’ portfolios of some fifty projects totalling £20 million and advised on the contractual liabilities. Enabled the relevant management boards to properly manage their businesses and set appropriate policy and strategy.
  • Audited a £10m social housing project providing advice on projected financial out-turn and liabilities.
  • Advised funders on the performance and obligations of employer, contractor and consultants on a £15m high-profile specialist refurbishment project. Enabled funders to assess whether to advance further monies.
  • Audited prior to formal arbitration proceedings, an estate refurbishment account for a London council submitted by a major contractor.
  • Audited construction contract management and performance obligations of all participants on a series of publicly funded projects for a national funding body. Advised on appropriate action to assist dispute avoidance and/or resolution and provided ongoing project advice.
  • Developed and delivered training seminars and workshops for monitoring officers providing services to a publicly-funded national lottery distributor.
  • Audited, reported and highlighted risks regarding proposed consultancy terms and conditions for use by a government transport quango.

ADR

  • Advised various employer and contractor clients on dispute resolution processes available including contractual and statutory adjudication rights. Pursuit and defence of same on behalf of a variety of differing types of clients.
  • Attended and represented a client contractor in a mediation concerning extension of time and damages claims against its employer on a city centre commercial development.
  • Provided conciliation advice to an American-based design, engineering and construction management house on a new power station.
  • Advised a major national infrastructure client on the merits of a claim advanced by a supply contractor in regard to a railway re-signalling project including interrogating the supplier’s claim. Provided advice on risks and quantum to enable the client to settle the dispute.

Training

  • Provision of bespoke training courses/ programmes concerning all aspects of construction contracts, standard forms, procurement methods, project monitoring, dispute resolution and avoidance, legislative and case law updates, to contractors, employers and related bodies.
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