MICHAEL BRIAN JOLLY by n992Cnc

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									                                 MICHAEL BRIAN JOLLY

   COMMERCIAL MANAGEMENT, CONSTRUCTION CONTRACTS, CLAIMS CONSULTANT


Nationality                        British with Hong Kong Resident Status


Date of Birth                      4 March 1951


Marital Status                     Married


Professional Memberships           Fellow of the Association of Cost Engineers (FACostE)
                                   Fellow of the Association for Project Management (FAPM)
                                   Fellow of Quantity Surveyors International (FQSi)
                                   Chartered Member of the Institute of Building (MCIOB)
                                   Corporate Panel Member of the Dispute Board Federation (MDBF)
                                   Member of the American Association of Cost Engineers (MAACE)


Address                            PO Box 6216
                                   Central Post Office
                                   Hong Kong


Mobile                             Hong Kong + 852 9534 7815


Email                              mbjcchk@gmail.com

Articles                           Inflation and Cost Escalation in Construction Contracts
                                   The Process of Claims
                                   Letters of Intent


Summary of Experience and Areas of Responsibility


             Extensive mixed professional and contracting experience embracing Building, Civil, Mechanical /
              Electrical and Petrochemical Engineering.


             The past 7 years I have spent working in Abu Dhabi and around the region as an Associate
              Director with Hill International (Project Management and Construction Consultants) and previous
              to that for 9 years in Hong Kong on a freelance consultancy basis through my Company MBJ
              Contract Consultants, and prior to that in varying locations all as detailed in the following CV.


             Experience has seen my involvement in; but not limited to the following areas of project
              management in relation to construction projects; Cost Planning, preparation of Tenders and
              Contract Documents, Valuations for Interim Payments, Cost Reports, Variation Accounts, Final
              Account preparation and agreement, Cost Analysis, Claim identification, analysis, preparation
              and settlement, Preparation of Dispute, Mediation and Arbitration Briefs. I am also a Corporate
              Pane Member of the Dispute Board Federation based in Geneva Switzerland.



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MICHAEL BRIAN JOLLY

Portfolio


My portfolio encompasses experience on the following types of construction projects:


        *        Airports                                        Hong Kong, Bahrain and Kuwait
        *        Bridges and Flyovers                            Kuwait and France
        *        Dams                                            Kenya
        *        Irrigation                                      Saudi Arabia
        *        Industrial and Commercial Buildings             England ;Kuwait; Qatar and Abu Dhabi
        *        Mechanical and Electrical installations         Kuwait and Abu Dhabi
        *        Power stations                                  Kuwait
        *        Oil and gas pipelines                           Saudi Arabia and Kuwait
        *        Oil production facilities                       Saudi Arabia and Kuwait
        *        Petrochemical facilities                        Saudi Arabia and Kuwait
        *        Ports                                           Kuwait and Dubai
        *        Roads                                           Kenya and England
        *        Effluent treatment works                        England
        *        Tunnels                                         Kenya and Hong Kong MTR
        *        Hotels                                          England, Dubai and Abu Dhabi
        *        Precast schools and housing                     Bahrain and Iran
        *        Marine works and land reclamation               Kuwait and Venezuela
        *        Theme park                                      France
        *        Rail Projects MTR and KCRC                      Hong Kong
        *        Viaducts                                        Hong Kong

Career to Date


September 2012 ~ Sabbatical ~ Property renovation in United Kingdom.



September 2005 ~ August 2012 ~ Hill International Abu Dhabi ~ Claims Group



Brief as an Associate Director to assist both International and Local Contractors on Commercial and
Contractual matters.


One Contract is for the construction of (6) six multiuse towers that accommodates commercial areas on the
lower levels with residential areas on the upper levels. It also provides parking in the Basement and a Health
Club / Gym and Swimming Pool on the upper floors. The design reflects a strong architectural expression.


I prepared along with a team a very detailed and complex extension to the time for completion claim
including a quantum analysis.




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A second Contract involved a similar exercise but due to various stage completions the analysis of time and
quantum differed and the works included but were not limited to excavation, piling, dewatering, construction
of foundations, complete structural and civil works, architectural internal and external finishes, electrical,
mechanical and plumbing services. External finishes of the Blocks include aluminium works, glazing, granite
and premoulded / prefabricated units / systems, landscaping signage and graphics to a Multi Storey Mall


I also assisted a major International Contractor in the preparation of an extension to the time for completion
along with quantum for an extensive and prestigious high rise office and residential tower in Doha (Qatar)
and also a similar project in the UAE.


I prepared a major Extension of Time claim with costs for the prestigious Abu Dhabi Souk Contractor and
also a major extension of time claim with costs for a Contractor involved in the Mafraq redevelopment along
with a substantial claim for an M&E Subcontractor involved in a major Hotel and Mall Complex.


I also prepared detailed Reports on the Dubai Sports Complex and the Dubai Fountains Project at the Burj
Khalifa Tower...


I have also prepared numerous opinions; reports and briefs on construction and contractual matters..


MBJ Contracts Consultancy October 1996 – August 2005


During this period I worked for the following Clients under my own Consultancy MBJ Contract Consultants.


March 2002 ~ July 2005 ~ NECSO ~ China State ~ Hip Hing JV


Brief on the 3.4 Billion KCRC East Rail Extensions Project that comprises an 11.4 km double tracked
electrified domestic passenger railway that will provide passenger services between Tai Wai and Wu Kai
Sha Stations.


My Brief has been to prepare interim claims for additional payment demonstrating that the eight Station
Structures Works constructed along the rail line suffered delay, disruption, disturbance, prolongation and an
entitlement to additional payment as a consequence of an incomplete, inconsistent and / or defective design
and the continuous variation of the Station Works prior to and during construction. Subsequent to this I
prepared two overall wrap up claims in respect of the Stations together with two claims for additional
payment in respect of construction of the Parapets along the viaduct.


I also prepared a claim in respect of interim costs arising out of the instructed construction of a Turnback
Facility between two of the Stations.


I was also part of the Team that prepared two overall Project Claims incorporating all matters that lead to the
matters being referred to Dispute and subsequently to Arbitration. The Arbitration is pending dependent upon
the outcome of compulsory Mediation required under the terms of the Contract. I am part of the Dispute,


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Mediation and Arbitration teams and I have also prepared numerous briefing and position papers along with
reports on various sections of the Works.


August 2001 ~ December 2001 ~ Nishimatsu Construction Co., Ltd.


Brief on the HK$ 1.2 Billion MTRC Contract 680 Quarry Bay Congestion Relief Works.


Brief was to prepare Claim Documents in respect of Financing the Works and Escalation for submission to
MTRC. The Financing Claim involved in part sections relating to the wrongful deduction of Liquidated
Damages and the Delayed Release of Retention Monies. I also prepared a Claim in respect of Delay
Recovery Measures relating to the MIP Lift Shaft at North Point Station.


February 2001 ~ August 2001 ~ The BCJ Joint Venture


Brief on the HK$ 14 Billion Passenger Terminal Building, Contract C302 at Chek Lap Kok Airport. My brief
was to prepare Claim Documents relating to the External Undercroft Cladding. This was for inclusion in the
Dispute 3 Statement of Claim and Proceedings in accordance with the Hong Kong Arbitration Ordinance.
The work was extremely intense and involved considerable liaison with the Contractors Legal
Representatives prior to submission. The Claim Documents covered additional payment arising out of
variations, disruption and prolongation.


June 1999 ~ December 2000 ~ Nishimatsu Construction Co., Ltd.


Brief on the HK$ 3.5 Billion Ground Transportation Centre, Contract 420 at Chek Lap Kok Airport. My brief
was to prepare, submit and negotiate Claims in respect of;


                                Prolongation

                                Management of Change

                                Escalation

                                Financing


The Prolongation and Management of Change Claims were very detailed due to the complex nature of the
construction and included programme analysis and recitals to the Contract Conditions and Specifications,
Summaries of Fact, explanations of Methodology and Quantum assessment. The Escalation Claim was
derived from first principles utilising an amalgamation of the Hong Kong Government Indices for both
building and civil works as Contract 420 contained work elements of both. The Financing Claim followed
principles of underpayment between the monthly costs incurred in carrying out the Contract and the
corresponding payments received with the difference charged at a specified rate of interest.




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October 1996 ~ May 1999 ~ Nishimatsu ~ Costain ~ China Harbour Joint Venture


Brief on the HK$ 1.5 Billion Landside Infrastructure Works, Contract 410, at Chek Lap Kok Airport. Brief was
to prepare, submit and negotiate extension of time claims in respect of the numerous Key Dates involved
during construction of the infrastructure works. The Claims were particularly complex and intricate, due to the
numerous other construction projects that were ongoing at the same time, throughout construction of the
Airport. During the latter end of my brief I became more involved in the overall quantum assessment for
these claims and certain other cost claims.


1993 ~ 1996 ~ Associated Construction Co., Kuwait


In my capacity as Managing Quantity Surveyor my prime responsibilities were the financial and contractual
overseeing of land reclamation and marine works for the prestigious Amiri Diwan Complex and the
refurbishment of the Bayan Palace Project.


Due to the partial destruction of these structures during the Iraqi invasion of Kuwait, these projects were
particularly involved and complex requiring considerable and varied additional work that I negotiated and
settled in the Final Account.


I was also involved in the contractual raising of claims for the reconstruction of the Doha [Kuwait] East and
West Power Stations for which I prepared an Arbitration Brief for submission to Geneva and the ICOC. To
conclude I also along with the Company’s Loss Adjusters helped formulate the Gulf War Retribution Claim
for submission to the United Nations Assessment Panel.


1990 ~ 1992 ~ Strabag International GmbH, Germany


As Project Quantity Surveyor based in Nairobi I was responsible for contractual and financial reporting to
Head Office. My principal concern was the construction of the Thika Dam that formed part of the Third
Nairobi Water Supply Project. Due to the Dam being constructed on repossessed land, there were
considerable claims in respect of delayed possession and geological problems. My duties encompassed the
preparation and evaluation of the complex claims and the measurement of the works. I was also given the
additional brief of finalising the Final Account and claims issues on an 80km upgrade and reconstruction of a
road project that I successfully agreed with the Consultants, Gauff Ing.


1987 ~ 1990 ~ Hercules Piling Company, Derbyshire, UK


As Regional Quantity Surveyor I had overall responsibility for the Midlands and Southern Regions, two of the
four regional specialist piling operations. In addition to my day-to-day duties, I was responsible for presenting
and discussing the monthly and yearly financial reports of the Regions with Main Board and Regional
Directors.




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1986 ~ 1987 ~ Franco British Contraquant, Paris, France


Seconded to a French Contractor, as Quantity Surveyor I was responsible for interim measurement,
valuation of works, claims research and preparation, as well as identifying and pricing additional works
performed by the Contractor. Latterly I was involved in the early costing and budgeting for the Disney Theme
Park in Paris.


1969 ~ 1985 ~ Quantity Surveyor ~ Various Contracts


During this sixteen-year period I gained considerable hands-on experience both in the Middle East, South
America and in the United Kingdom.


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