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John Hinchliffe is a Chartered Quantity Surveyor, Project Manager and Capital Programme Manager. He is Director of WT Partnership UK and Europe and WT Partnership Guernsey, a major international project management and cost management consultancy.
He has over 40 years’ experience as a quantity surveyor, over 30 years’ experience as a project manager and over 10 years’ experience as an expert witness in both the private and public sectors.
John is experienced in cost management, project management, contract management, change management, design management, risk analysis, contract claims, arbitration, and adjudication. John has acted as an expert witness on quantum and professional negligence disputes and has experience of cross examination in the High Court. He is also a CEDR accredited mediator. John has over 30 years in the private sector as quantity surveyor and project manager involving commercial and health service projects, both traditional and under PFI. He is experienced in dispute resolution and providing wider management consultancy. John has over 15 years’ experience working in Central Government as a quantity surveyor, project manager, regional project manager, programme manager, claims negotiator and manager of a large multidisciplinary design office. On Civil projects,
John was project manager of three Crown Courts and major office accommodation re-location projects. On Defence projects, John acted on projects for RAF, Army, USN, USAF and NATO including being the Group Manager for Estates Works Consultants (EWC) on MOD bases in Eastern England Clients have included: MOD, MOJ, The Natural History Museum, The Home Office, Office of the Deputy Prime Minister, HM Treasury, States of Guernsey, Guernsey Housing Association and many more.
Expert Witness Services
Most disputes that go forward to formal dispute resolution require the production of expert evidence i.e. evidence of opinion rather than fact. There are strict protocols that govern the submission of expert evidence and the requirement for the experts of the opposing parties to close the gap between them in order to save time and costs. WT Partneship have staff who are experienced construction and property experts who have produced reports and have faced cross examination. Areas in which expert reports have been produced include quantum evaluation i.e. the level of damages suffered, the expected level of performance by a party and professional negligence claims against project managers/ contract administrators and cost advisors.
Mediation has grown in popularity in recent years as a means of settling disputes quickly and at a lower cost that other forms of dispute resolution. It is the case that often the courts will require parties to engage in mediation in an effort to save court time The effectiveness of mediation has proven to be high, the large majority of disputes referred to mediation settle with the settlement being subject to a contractual agreement. WT Partnership have staff who are accredited mediators who can accept appointments as mediators or can act as advisors is assisting clients to prepare for a mediation and provide support through the mediation process This is often linked to the provision of expert advice.
Adjudication Mediation
WT Partnership have staff who have experience as acting as adjudicators and can provide expert advice in supporting clients in mounting or defending against an adjudication notice. Again the key to success is early involvement in the analysis of the dispute and, as previously mentioned, the subsequent well structured documentation submission In the case of a responding party it is important that sufficient preparation is undertaken to prevent being “ambushed” by the claimant and thereafter struggle to respond to a demanding time scale
Arbitration
Although adjudication has been the principal route of dispute resolution in construction disputes in recent years, developments in more modern and flexible arbitration proceedings which have introduced fast tracking and capped costs of the arbitration have meant that arbitration has begun to re-gain ground as a preferred route for dispute resolution Arbitration has always had the advantage over adjudication of providing a binding settlement. In the past it has suffered from high cost and extended timescales in order to reach a resolution that have reproduced the same disadvantages as court proceedings. However these disadvantages are being eliminated by a more modern approach. WT Partnership have staff who are experienced arbitrators and also chartered quantity surveyors If appointed as arbitrator, this means that the arbitrator is an experienced specialist in construction disputes, who will use the powers conferred by the 1996 Arbitration Act to endure the process is run to a strict timetable which eliminate delay and may be settled on a documents only basis without a formal hearing. Alternatively WT Partnership staff can assist a client in the drafting of contract documents to include reference to efficient arbitration procedure and subsequently assist in case preparation and assisting a client’s legal representatives in the case management.
Tel: +44 (0) 203 936 4211 (Croydon) +44 (0)1481 723 163 (Guernsey)
Mobile: +44 (0) 7973 195904
Email: john.hinchliffe@wtpartnership.com
Website: www wtpartnership com