Murray Armes. Murray Armes. Overview

Transcription

1 CEDR Accreditation: CEDR Panel Admission: Languages: Location: English United Kingdom Murray Armes Overview Murray Armes is a construction industry dispute resolution expert who has worked on disputes in the industry all over the world. He is a Chartered Architect, Chartered Arbitrator, Adjudicator, Expert Witness, Dispute Board Member and CEDR accredited Mediator. Over the last few years he has worked on construction disputes in Europe, the United Arab Emirates, Northern Ireland, the Channel Islands, Scotland and England. Murray has built up a verifiable track record in dispute avoidance and this has underpinned his architectural career so that in over 200 projects he was only involved in two disputes. Professional Background Murray founded his own architectural practice in 1990 and has since worked on a wide range of projects in France, Spain, Africa, Kuwait, Dubai, Oman, Yemen, Gibraltar, Hong Kong and the UK. He is the founder and Managing Director of Sense Studio Limited, an architectural practice specialising in dispute resolution for the construction industry. Murray undertakes architectural consultancy in dispute resolution including arbitration, adjudication, mediation and acts as an expert witness. Expertise Construction & Engineering Professional Negligence Property 1

2 Dispute Experience Construction & Engineering Murray has mediated disputes between architects, engineers, employers, developers and contractors. Mediation between a private homeowner and architect concerning defective structural design and lack of co-ordination. Mediation between a private homeowner and developer regarding defects in the construction including, structural movement, water ingress, acoustics and quality generally. Mediation between a private home owner and an architect regarding the quality of services and fees owed to the architect. Mediation between a contractor/developer and engineer regarding lack of compliance of acoustic floors with building regulations. Mediation between a private home owner with a property in Europe and an architect, claim for defective design of an innovative staircase structure and other defects. This dispute arose out of a claim for unpaid fees by the architect. Architecture Murray has worked on a wide array of construction projects. These include: Hospitals and healthcare facilities. Commercial & Retail Property. Entertainment venues, Hotels & Leisure Facilities. Rail Infrastructure. Airports. Education centres (Universities). Residential Property (Refurbishment and new build projects, including listed buildings). The construction of a pedestrian footbridge over a railway as part of the Wembley Stadium redevelopment in North London. 2

3 Other Dispute Experience Expert Witness Instructed as a party appointed and single joint expert in more than 300 cases related to building defects, professional negligence, design, quality of design information, water ingress, delays, fire damage, wind damage, interior design, defective basements and roofs, defective cladding systems, practical completion and handover of projects, project management and contract administration. Decided cases: Hodson Developments Ltd v GTA Civils [2006] EWHC 1913 (TCC) (13 July 2006) Nigel Witham Ltd v Smith & Anor [2007] EWHC 3027 (TCC) (19 December 2007) Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC) (29 April 2013) Adjudication Murray has decided disputes concerning a wide range of technical matters, including delays, project management and quantum and final account issues. Final account dispute involving over 400 issues Interim account dispute involving over 200 issues, including the value of variations Claim for an extension of time for a ground breaking residential scheme, with complex programming reports Claim for extension of time due to defective structural design Architect s unpaid fees claims Claim for costs of variations for a residential project Claim for non-payment in the absence of a withholding notice for a community building Claim for additional payment for works to a golf course Whether and on what date works reached Practical Completion The value of variations and prolongation costs and interest for a residential development The amount actually paid to a contractor in both cash and bank transfers 3

4 Personal Style Murray uses his many years experience of avoiding and dealing with disputes on construction sites to help the parties to consider the issues, understand the position each is taking and why, to test positions and to explore practical and realistic outcomes. Reality testing is a central part of the process as is the exploration of the outcomes that each of the parties really wants. Murray tends towards practical real world solutions rather than primarily focussing on legal issues and that means that parties can be encouraged to find acceptable, creative and human ways of settling a dispute that do not necessarily rely just on what a party considers its rights to be. His firm but informal and patient style helps the parties to unlock problems and to focus on the future and on satisfactory solutions. Professional Skills Murray gained an Honours Degree and Diploma with distinction in Architecture at Sheffield University in 1978 and 1981 respectively he also gained a Masters of Arts with distinction in Architecture, also at Sheffield University in 1981 and a Master s Degree in Construction Law from King s College, London in He became a Fellow of the Chartered Institute of Arbitrators in Positions Held FIDIC President s List of International Adjudicators Council member of the Society of Construction Law Country Representative of the Dispute Resolution Board Foundation (DRBF) Treasurer to the Region 2 Board of the DRBF Member of the London Court of International Arbitration Member, Society of Construction Arbitrators Freeman and Liveryman, Worshipful Company of Arbitrators, newsletter and website editor and chairman of communications Member, Society of Construction Law (since 2003) Member and Committee Member, Kings College Construction Association Member, Adjudication Society (since 2004) 4

5 Practising Member of the Academy of Experts Technical Expertise Chartered Architect (RIBA) Chartered Arbitrator (FCIArb) Chartered Arbitrator (ABTA Panel) Adjudicator (RIBA, CIArb and CEDR) Accredited Mediator (CIArb and CEDR) Dispute Board Member (DRBF, FIDIC) Publications News & Views, CIArb SE Branch newsletter, editor and regular contributor during that period. An Inspector Calls: Architects Site Visits, article for Probyn Miers Perspective (2010). AJ legal Handbook, joint author of Chapter on Construction Legislation in England and Wales (2010) Prevention Better Than Cure, article on dispute boards, Royal Institute of Chartered Surveyors Construction Journal (2010). To Have and to Hold, article about adjudication meetings for the Adjudication Society newsletter (2011). All Have Won and All Must Have Prizes, article for Construction Law Journal (2011). The Concept of Dispute Avoidance, paper given at the Kings College/DRBF conference An Introduction to International Adjudication in June Putting Your Money Where Your Mouth Is, The Funding of Dispute Boards by the Multilateral Development Banks, Construction Law Journal, Other Information Training and seminars on Dispute Boards and FIDIC Contracts carried out on behalf of the DRBF in Europe, America, South America, South Africa, the Middle East, Eastern Europe, and Asia. Seminars for the Adjudication Society (London), Society of Construction Law 5

6 (Dubai and Abu Dhabi), Chartered Institute of Arbitrators (London), the RIBA (London), the RICS (London), TECBAR (London) and for various law firms. Organiser of the DRBF UK Member s Meetings and regular contributor. Joint organiser and contributor to the King s College Introduction to International Adjudication symposium held in London in June Editor of the Worshipful Company of Arbitrator s Newsletter and of its website. Seminars for organisations in London, the UK and Europe. 6