Mike Cross is a Managing Director in the FTI Consulting Forensic and Litigation practice and is based in London. Mr. Cross has extensive experience of major construction arbitration and litigation having acted for national and international contractors, subcontractors and employers on a wide range of building, civil engineering and M&E disputes.
Mr. Cross has acted as expert witness and adjudicator on a number of occasions, and has developed a specialisation in the field of dispute resolution and expert witness work in all aspects of quantum and retrospective delay analysis.
- Appointed as Expert on matters of Delay and Quantum in connection with a 5 Star Hotel in North Africa.
- Appointed as Expert on quantum and delay and programming matters in respect of a Combined Cycle Power Plant in Russia. The delay report addressed issues of critical delay, and in particular events that caused delays in achieving the Base Load Completion Date, and the Expected Substantial Completion Date. The quantum report addressed a €41m primary dispute and a €55m counterclaim, which both comprised multiple heads of claim.
- Appointed as Expert on delay and programming matters in respect of a Water Treatment Plant in Northern Ireland. The report included a forensic analysis of the events which had caused critical delay to the completion of the Plant.
- Appointed as expert witness to provide an opinion on the delays incurred to the completion of a prestigious hotel development in London.
- Appointed as expert witness on behalf of claimant on matters of quantum relating to passing through of subcontractor claims on major LUL infrastructure project.
- Appointed as expert witness on behalf of claimant on matters of quantum relating to civil engineering enabling work for commercial development in West Midlands.
- Appointed as expert witness on matters of quantum on behalf of a defendant Rail Infrastructure company. Expert Opinion was required in the determination of a multi-million claim for additional variation costs. Reports were exchanged and expert evidence provided resulting in a favorable decision for the defendant party.
- Appointed as expert witness on a highways dispute on behalf of the claimant on matters relating to the award of extensions of time. The appointment involved the determination and assessment of delays and extensions of time using retrospective delay analysis techniques.
- Appointed as expert witness on behalf of the plaintiff in an action for damages against an architect. The appointment involved the determination and assessment of delays and extensions of time using retrospective delay analysis techniques. The analysis served to demonstrate that the architect failed in his duty to administer the contract correctly in the award of extensions of time. Reports were prepared before the matter settled on favourable terms.
- Appointed as expert witness on behalf of the Plaintiff in a multi -party action for damages against a national contractor and its subcontractors. The matters arose out of an accident which occurred when an underdeck gantry fell from the Severn Bridge into the river. Reports were produced for the ascertainment of the quantum of the incurred by the plaintiff arising out of the accident. In addition the report served to establish the attribution of such losses between the parties.
- Appointed as expert witness on behalf of a claimant international curtain walling subcontractor, on matters relating to a £10m quantum dispute. Expert opinion was required in the determination and assessment of claims for loss and expense and the valuation of variations. Reports were prepared and exchanged and meetings of experts attended. The dispute was settled midway through the Arbitration.
- Appointed as expert witness in a multi party action on behalf of a defendant national mechanical and electrical subcontractor. The dispute was concerned with the assessment and liability of delays and loss and expense. Retrospective delay analysis techniques were applied to determine the entitlement for extensions of time and the ascertaining of associated prolongation costs. Reports were prepared and exchanged and meetings of experts attended. A favourable settlement was obtained shortly before the case came to trial.
- Provided expert assistance in the mediation of a dispute on the Kwai Chung Viaduct in Hong Kong. The Kwai Chung Viaduct was designed to provide a road and rail link between the new airport and the mainland. Appointed by the Joint Venture Contractor to assist the legal team in preparing documentation to demonstrate an entitlement to extensions of time and loss and expense. Working closely with the instructing solicitors, documentation was prepared to support an entitlement for a 60 week extension of time, and a £10 million claim for damages. The documentation included a detailed cause and effect analysis and delay charts using a number of project management software applications. The advice given allowed the contractor to reach a successful settlement during the mediation process.
- Appointed as Adjudicator to decide upon the non payment of an Interim Application for Payment.
- Appointed as Adjudicator to decide upon the valuation of an Interim Certificate.
- Appointed as Adjudicator to decide upon the valuation of a final account
- Appointed as Adjudicator to decide upon the withholding of monies.
- Appointed as Adjudicator to decide upon claim for additional flooring works.
- Appointed as Adjudicator on construction dispute to decide upon claims for the payment of professional fees.
- Appointed as Adjudicator on construction dispute to decide upon claims for a 38 week extension of time.
- Appointed as Adjudicator on dispute between Subcontractor and Main Contractor to decide upon variation and contra charge disputes.
- Acted as Technical Assessor to Adjudicator on matters relating to extensions of time.
- Preparation of Referral Notice’s and Defences on numerous Adjudications.
- 2 year secondment to major civil engineering company to prepare a forensic analysis of delay claims and matters of quantum on a high profile project procured on an Option C NEC Contract.
- Preparation of Claim against an IT specialist software company in respect of delays incurred to the procurement and delivery of a new software application in relation to train timetables for Network Rail.
- Acted for National M&E subcontractor in preparing claim for extension of time using retrospective delay techniques and successfully pursuing claim through to a favorable adjudication decision.
- 3 month secondment to Dubai office advising client on extension of time claim issues in respect of a new shopping complex.
- Acting as commercial advisor for international rail infrastructure company on LUL Connect Project dealing with all claims relating to issues of delay and quantum from the Contractor’s installation subcontractors. The works involved the delivery of all enabling works in order to facilitate the installation of a new telecommunications system throughout LUL’s Underground network.
- Acted as commercial advisor for specialist joinery contracting organisation. Work involved advising on all commercial matters including variation accounts and claims for loss and expense in connection with various prestigious fit-out contracts in Docklands and Central London.
- Acted as Independent expert and advised on quantum matters in respect of major rail maintenance programme.
- Advising rail infrastructure company on claims amounting to £38m relating to major renewals and maintenance programme.
- Acting as advisor to rail infrastructure company on extension of time issues for major re-signaling project.
- Acting as advisor to rail infrastructure company on quantum and extension of time issues in respect of major rail bridge refurbishment.
- Preparation of documentation for extensions of time for major M&E Subcontractor on the Jubilee Line Extension.
- Preparation of documentation for extensions of time for a National M&E Subcontractor on the Nat West Tower.
- 6 month assignment in Hong Kong working closely with leading solicitor preparing documentation for a £20m Mediation relating to a road/rail infrastructure project.
- One month assignment in Kuala Lumpar preparing claims documentation for International M&E contractor on extension of time matters relating to a dispute on the Petronas Tower and Telecommunication Tower.
- Preparation of claims documentation for International Curtain Walling Subcontractor on the Glaxo project.
- Preparation of claims documentation on a number of projects for National M & E Subcontractors including Commercial Union Refurbishment, Office Refurbishment in Great Portland Street, Guy’s Hospital and Chelsea and Westminster Hospital.
- 3 year secondment to Fluor Ltd advising client and legal team on matters of quantum on LUL Connect Project relating to the procurement and installation of a new telecommunication system to the entire underground network including tunnels and stations. The role included giving evidence under cross examination in two Arbitrations.
- 3 month secondment to Dublin based contractor. Preparation of claim for extension of time and quantum in respect of £35m development of luxury apartments.
Management of commercial team in the preparation of Compensation Events and other disputed heads of claim on a large and complex infrastructure project which included a Guided Busway and associated structures and junctions.
- Conducted a commercial review on a £10m Theatre refurbishment on behalf of Arts Council. Advised on financial out-turn costs and liabilities and made recommendations in respect of options for further funding.
- Carried out a commercial review on a £30m Theatre refurbishment on behalf of the Arts Council. Advised on financial out-turn costs and liabilities and made recommendations in respect of options for further funding.
- Audited the project team’s performance on a £10m Arts Centre on behalf of the Arts Council. Advised on potential funding shortfalls and liabilities.
- Carried out a commercial review on a £60m Arts and Theatre complex on behalf of the Arts Council. Reported on potential funding shortfalls.
- Carried out extensive commercial audit for National M &E Contractor on full portfolio of problem contracts.
- Assisted a commercial audit team in undertaking a comprehensive review of 12 subsidiary contracting organisations which at the time formed part of the East Midlands Electricity Board.
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