David Murphy is a Senior Managing Director at FTI Consulting and is based in Dubai. Mr. Murphy heads the Middle East Construction Solutions practice in the Forensic and Litigation Consulting segment. Mr. Murphy has worked extensively on major international infrastructure, building, petrochemical projects and the Palm Jumeirah Monorail transit system.
Mr. Murphy has drafted numerous claim documents, rebuttal documents, case statements, letters of acceptance and has been a major contributor in numerous adjudications and arbitrations on behalf of employer organizations and main contractors.
Mr. Murphy is dual qualified holding a Construction Management degree and a Postgraduate Law Diploma from The College of Law, UK. He is a member of the Chartered Institute of Arbitrators.
Arbitration and Claims Management
- Provided numerous ad-hoc advice to a major Dubai developer regarding matters concerning the formation of contracts, claims for additional time and money.
- Leading a team of consultants providing claims advice and preparation to a Dubai Government entity.
- Team leader, producing claims on behalf of an EPC contractor on a facility located in Ruwais, Abu Dhabi.
- Led a team of consultants to produce a report and recommendation to a Government entity in respect contractor’s claim for additional costs in excess of AED500 million on a significant infrastructure project.
- Counterclaim team leader on a significant arbitration matter in Dubai.
- Led a team of consultants to produce claims on before of an EPC contractor on a gas related project located in Egypt.
- Team leader, working on behalf of EPC contractor in respect of co-regeneration facility in Jubal, Saudi Arabia.
- Member of a team of consultants commissioned in respect of disputes under two PC/Works/1 contracts. Total dispute value of £8m. The commission entailed time and quantum analysis and the drafting of numerous submissions.
- A member of a team commissioned by a major contractor to manage disputes in respect of a city office and retail development under a JCT contract with contract value of some £10m. The commission entailed the drafting of numerous time and quantum submissions, a reference to adjudication and a mediated settlement. Overall the contractor obtained the majority of the extension of time sought and improved its financial position by £5m.
- Member of team, which successfully defended a claim relating to, alleged late engineering information in respect of residential compound project in Nigeria. Work undertaken in the client’s offices in London.
- General research of claim heads and production of chronology of events and drafting elements of reports for a petrochemical project in South America. Work undertaken in the client’s offices in Paris.
- Member of a team of consultants commissioned in respect of disputes (approx €17m) under a FIDIC derived subcontract for the civil engineering works to a new CCGT power station. The commission entailed the preparation of extensive claim submissions on time and quantum which released substantial interim payments and settlement offers. The case involved complex legal issues and required closed contract with senior lawyers and leading counsel.
- Member of a team engaged in the resolution of two commercial / contractual disputes on a power station project, which included the preparation of arbitration proceedings under ICC rules. Activities included general post contract administrations assisting settlement of the variation account and analysing as-built versus tender in relation to man hours, weight, material quantity, and overall cost in order to establish system increase and substantiating increases in complexity. Work undertaken in the client’s offices in Dusseldorf.
- Member of a team engaged in the resolution of a dispute on an Egyptian gas and condensate production plant. Activities included analysing and producing a report rebutting the majority of the contractor’s claim of additional payment of US$98m. Assisting in the preparation of technical submissions in the preparation of arbitration proceedings under UNCITRAL rules.
- Member of a team engaged on a high profile arbitration matter in Dubai. Activities included analysing and producing responses in respect of the Claimant’s statement of claim. The production of counterclaim. Assisting in the preparation of technical submissions in the preparation of arbitration proceedings under DIAC rules including the production of witness statements.
- Engaged by a main contractor in the resolution of a demolition final account.
- Assisted with audit for internal review of a dispute concerning electrical heat tracing of plant on a major process plant project at an oil sands refinery in Canada. Activities included an analysis of the factual and contractual positions and the conducting of interviews with client and subcontractor’s staff.
- Provided advice to a Maltese construction company concerning its liability to liquidated damages applied by the owner under FIDIC form of contract.
- Acting for the main contractor, prepared response to an adjudication referral from a sub-contractor disputing validity of withholding notice in respect of damages for non-performance in terms of quality and delay in connection with a fully glazed entrance lobby and supporting steel frame. Decision resulted in the referring party being found liable to our client for more than the sum that had been withheld.
- Engaged by a developer employer to defend an adjudication referral from a main contractor on the value of interim certificate. Of a total sum of £750,000 in dispute, only £100,000 awarded to referring party.
- Acting for a client, prepared a response to an adjudication referral from the main contractor concerning an extension of time. The adjudicator’s decision awarded the referring party 6 weeks of the 14 weeks claimed, this being acceptable by the client.
Procurement Management/Contract Administration
- Provided Contract and Commercial advice to Nakheel in respect of the Palm Jumeirah Monorail and the Gateway Tower developments from the outset of the project to the issue of TOCs. Assisted in the review of the Monorail tender documentation and drafting of the Letter of Acceptance. Drafted the Letter of Acceptance in respect of the Podium and Gateway Towers Development.
- Appointed by Nakheel’s Project Director as the Commercial and Contract Manager of both the Palm Jumeirah Monorail and the Podium and Gateway Towers Developments. He led a team of six surveyors and reported directly to the Project Director. The transit system opened to the public in April 2009 and the final account was successfully resolved shortly thereafter.
- Drafted the scope of Services of the Engineering and Site Supervision consultant as well as the Letter of Acceptance in respect of the Palm Jumeirah Monorail.
- Assisted in the tendering process and drafting the Operation and Maintenance contract in respect of the Palm Jumeirah Monorail.
- Member of a team of consultants that prepared a detailed “as built” programmed analysis to assess the affect of 1100 delay events upon the progress of civil engineering works to a new power station. The analysis assessed the extension of time due against 48 individual key access dates and associated costs.
T: +971 4 298 1760
Suite 203, NGI House
Port Saeed, Deira
P.O. Box 120024
United Arab Emirates
Commercial Damages Analysis
Forensic Litigation Consulting