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Daniel
Atkinson BSc(Hons) LLB
(Hons) CEng FICE FCIArb DipICArb Barrister (non-practising) Advocate, Adjudicator, Arbitrator, CEDR Accredited Mediator, Engineer
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Professional
CV
Marine
Works
Tunnels
Bridges
Roads
Ports
Buildings
Power
Water
Pharmaceutical
Petrochemical
Telecommunications
MARINE
WORKS
Project Manager of a fast track refuse handling facility in the River Thames, including investigation of the ground and river, design of piles, barge mooring system, approach jetty, building enclosure, overhead cranes, automatic tide gates, steel wall fendering and screen, compactors and electrical equipment. Responsible for dealing directly with all contractual issues as well as design and development. Advocate in an arbitration relating to construction of coastal protection works, including drafting of pleadings, preparation of witnesses of fact and expert witnesses and examination and re-examination of witnesses in the hearing leading to successful settlement. Lawyer heading a team of six professionals examining the causes of failure of a cofferdam in UK, examining the analysis prepared by Geotechnical experts and directing further analysis. This consisted of interviewing site engineers to establish sequence of events and advising Directors of potential liability. Led negotiations as advocate which culminated in a successful settlement. Design Engineer for an LPG jetty in Libya, involving design of piles, jetty and fendering system, responsible for preparation of specifications, drawings and contract documents. TUNNELSLawyer directing a team of three professionals on the preparation of a claim for £4m on an international dispute relating to the manufacture of two tunnel boring machines. This involved the interview of engineers in Germany and the Far East and an understanding of the manufacture process and the ground conditions encountered. Acted as a liaison with the French advocate leading to a successful settlement. Directed a team of four professionals with a further six client engineers on the preparation of a $35 million international dispute involving foreign law on a contract for the design and manufacture of mechanical electrical and electronic tunnelling equipment, including an EPB TBM totalling $40 million. The preparation involved understanding the technical nature of designing and manufacturing tunnel boring machines and the operation of the clients business, the operation of the machines at site and the ground conditions encountered. Prepared claim submission for variations and delays and defended a claim of £80 million from the contracting consortium. As English advocate, assisted foreign advocate in the preparation of the Statement of Case for the arbitration in Denmark and assisted the Scots advocates in the court action. Advised on actions under European Law. Prevented $15 million bonds being drawn by the consortium, and led the negotiations as advocate in Switzerland and Denmark which culminated in a successful settlement to the dispute. D esign Manager for a 2.5m diameter tunnel for high voltage cables. Responsible for preparation of contract documents, placing contract and supervision of the works.Tunnel Engineer on 2nd Dartford Road Tunnel, responsible for organisation of the pilot tunnel from the south bank. Later responsible for setting up and day to day running of the casting yard for the main tunnel segments. Later assisted in the design and ordering of the shield. Tunnel Engineer on soft ground tunnel responsible for managing the works. BRIDGESAdvocate with conduct of the international case directing a team of six professionals on the preparation of a professional negligence claim for US$85 million for an Far Eastern Contractor on design and advice by a US Consultant in relation to a post-tensioned segmental box girder bridge of varying profile constructed on piles and located on the Indian continent. Directing experts, instructing Counsel both in the UK and in the USA and on the Indian continent and under ICC Arbitration rules. It also involved giving advice on insurance policies and Letters of Credit. Settled succesfully. Directed a team of three professionals on the preparation of a claim for £2m for piling works to a railway bridge. This involved directing the analysis of the pile design and site investigation to establish a claim of impossibility under Clause 13 of the ICE 5 Edition and unforeseen ground conditions under Clause 12. Assisted the Scottish advocate on the preparation of Statement of Case and subsequently in arbitration. Preparation of a claim under FCEC blue form of sub-contract for piling works of value £2m, using spreadsheet diagnostic technology based on piling records. Directed sub-contractor’s piling experts on the analysis required and examination of the resultant analysis of ultimate load capacity and founding levels for the specified working loads, including directing analysis to be carried out. Subsequently prepared opinions on ensuing steps in disputes resolution, which led to a successful settlement. Resident Engineer responsible on site for the bridge refurbishments involving bridges built in wrought iron, concrete and cast iron. Design Engineer responsible for the design of various bridgeworks including cast-iron, post-tensioned concrete and skew span railway bridge. ROADSAdvocate and conduct of the case on the defence in an international arbitration on a road project in Belarus Leading a team of eight professionals and preparing Instructions for Counsel in an ICC Arbitration with the seat of arbitration in France. Headed negotiations as advocate which led to a successful settlement. Design Manager of a team of 12 designers for an £120m road development in Libya involving a viaduct multi-span bridge, piers and piles, six single or two span bridges, roadworks, retaining walls, drainage and earthworks. Responsible for establishing design requirements, directing the team and personally carrying out the advanced parts of the design for seismic loadings. PORTSDesign Manager stationed in Indonesia responsible for a feasibility study for Phase II port development. Responsible for outline design and costings for port jetties and facilities, railway and road systems and drainage and mechanical electrical services. Responsible for coordination of the investigations of economists, shipping and commodity experts and liaison directly with the Port Authority. Advocate in a UK arbitration under the Arbitration Act 1996 for professional negligence, relating to a building dispute settled successfully.Managed the conduct of the defence in arbitration involving four professionals on a £20 million shopping centre for a development corporation concerning a design and construction form of contract involving £7 million in dispute using direct professional access to Counsel. Secured a successful settlement for the client before hearing. Conduct of a UK case relating to a dispute on the construction of an Hospital and acting as advocate in negotiations and continuing.Directed a team of three professionals on a £30 million dispute involving a major development on a management form of contract with a national management contractor. The preparation of extension of time claims allowed the contractor to receive an award of £12 million in the subsequent arbitration. Directed the investigation of the potential liability of an Employer under ICE 6 Edition (amended) on a large power station in anticipation of claims of the order of £20m. Managed a team of six professionals including two engineers on the preparation of the technical and legal analysis of issues, preparation of the as-built programme and advised on settlement levels. In addition, personally investigated piling issues involving the analysis of site investigation reports, consulting engineer reports and two expert reports prepared in anticipation of litigation and the examination of piling records to establish whether preboring was required. Advised Managing Director and in-house lawyers directly of potential liability. Subsequently advised the Engineer under the contract on dealing with contractor claims and advised on Clause 66 Requests for a Decision involving both contractual, technical and procedural matters.Advised a contractor on six Water Treatment Plants on IChemE Red Book and led a team of six professionals on the preparation of claims, including directing engineers on the design analysis required in relation to the adequacy of design. Advised settlement levels with both sub-contractors and Purchasers. Legal Representative of Process Contractor in an adjudication in relation to a Water Treatment works Legal Adviser in the preparation of a claim for termination of a project in Europe for a chemical production plant and advising and assisting local Advocate in Arbitration.Adjudicator on an adjudication under the Scheme for Construction Contracts for a dispute on a pharmaceutical Facility. Directing a team of five professionals on the preparation of a claim for £1m on the design and construction of a pharmaceuticals process plant, involving an understanding of the process, the difficulties of construction and the design process. Advised on strategies to be adopted and prepared Instructions for Counsel and led negotiations to successful settlement. Facilitator for a Parmaceutical company to identify the appropriate Risk Strategy for a facility to be built in China. Advocate in an international arbitration under UNCITRAL Rules with the seat of the arbitration in Switzerland, relating to an LNG Plant in Africa and the drilling of deep water wells, including drafting of pleadings, preparation of further and better particulars, preparation of witnesses of fact leading to successful settlement. Advocate and conduct of the case in an international engineering dispute, directing a team of four professionals in Germany in the preparation of a claim for DM30 million in relating to the construction of LNG Tanks constructed in rock and designed to function after seismic loadings and involving foreign law. The preparation of the claim involved understanding the principles of seismic design and assisting the designers in preparing analysis to explain the development of the LNG Tanks, interviewing of engineers in Greece to record the progress of the construction works and working as a liaison with the foreign advocate in the preparation of Statement of Case and advising on strategies. The defence of a claim on a large petro-chemical plant, including the analysis of the large volume of test-pack information using spreadsheets design specifically. Set up and managed the system for database tracking of correspondence. Prepared analysis of legal issues related to quantum of damages for settled claims. This approach allowed the true value of the claim to be quickly evaluated and led to a successful settlement. TELECOMMUNICATIONSPrepared a £4 million claim for a world leading electronics company for a radio system in an international tunnel contract involving foreign law. The dispute required technical understanding of the function of the radio systems as well as the design, manufacture and installations processes involved. Led negotiations as advocate which culminated in a successful settlement. |
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