Expert Witness Snapshot
Craig Mcpheator is employed by HKA Globale (Abu Dhabi) as Associate Director in the Claims and Expert Services practice based in Abu Dhabi, UAE.
Craig is an experienced quantity surveyor and dispute resolution consultant who has spent 28 years working in the construction industry. He has worked throughout the Middle East region (and beyond) between the years of 2007 to 2020, then returned to Scotland between 2020 to 2023. Craig has since returned to the UAE since July 2023 and resides in Abu Dhabi.
He specialises in quantum related services in relation to construction and engineering disputes.
Prior to becoming a consultant, he worked as a quantity surveyor with several large UK national and international contractors. During his initial period of 13 years in the Middle East, Craig gained commercial management and contractual experience across a range of construction, engineering, and oil & gas projects.
Since 2012, he has worked exclusively on dispute resolution related matters and is now an RICS registered expert witness, Academy of Experts expert determiner and has completed the Legal Experience advance award in Expert Witness Evidence training. Craig has supported several quantum and delay experts who acted for Employer’s, Contractor’s, and Subcontractor’s to produce forensic analyses and expert reports relating to claim pursuit, and defence. Craig has supported experts in international arbitration, litigation, binding and non-binding expert determinations and adjudication. His experience encompasses the forums of international arbitration, adjudication, litigation, and expert determination.
Craig has undergone cross-examination by senior Counsel in a mock arbitration hearing during the 2019 Dubai Arbitration Week, for the RICS accredited expert witness course, Legal Experience training and the Academy of Experts membership criteria.
Recent expert experience
- Arbitration, Bio-energy plant and energy from waste, Ireland. Bespoke form of contract. Supporting the quantum expert on behalf of the owner to assess the owners two scenarios to rectify the plant due to contractor defects and resulting termination. Independent opinion was given on how both scenarios were valued and what liquidated and other damages would be claimable in each scenario. Critical analysis was provided with the owners Counsel before the owner’s arbitral statement of counterclaim was submitted.
- Energy from waste, Scotland. Bespoke form of contract. Negotiation in contract. Supporting the quantum expert on behalf of the Contractor to produce an independent report in relation to the valuation of the Contractors £50m COVID claim.Craig had to assess the contractors shipping and transportation cost claim where costs had increased substantially due to the Covid-19 pandemic and Brexit effects. The analysis involved forensically analysing thousands of transport costs from around the world and identifying trends in additional costs that could be applied to each of the two main causes. Adjudications have followed where the claims are being presented to the adjudicator due to the parties failing to reach a settlement on the value of the claim. Craig is supporting the quantum expert and client during the adjudications by providing a written opinion on responses to the other party’s defence of the claim.
- Arbitration, energy from waste, Scotland. Bespoke form of contract. Supported the quantum expert who was appointed on behalf of the Contractor to produce reports in relation to the valuation of the Contractor’s termination account and the Employer’s defence and counterclaim for completing the project. The role required the production of draft opinion on the cost to complete as if the Contractor had not been terminated and on the valuation of milestone payments at termination, both of which were shared with the Employer as part of the Contractor’s defences. The matter settled prior to proceeding to final reports and a formal hearing.
- Expert opinion, Shopping centre defects, Scotland, UK. Craig supported the quantum expert in assessing and valuing replacement works, and repairs, to glazing panel cladding on a large shopping centre. The valuation exercise included costs for keeping the centre open during the repair works and understanding the appropriate methods of removal, and re-installation, given the high footfall on the centre.
- Adjudication, marine dredging works, UK. Craig supported the quantum expert value additional dredging and breakwater works to a contractor’s tender resulting from negligent design that was the subject of a parallel design negligence dispute.
- Adjudication, gas turbine time and cost claim, England, UK. Craig supported the quantum expert in assessing and providing expert opinion on a large prolongation and disruption claim, due to many disputed compensation events that caused delay, and disruption, to the main contractor and its subcontractors works. The works consisted of upgrading a large gas turbine plant in the UK.
- Expert opinion, shopping centre defects, Scotland, UK. Craig supported the quantum expert with measurement and valuation of large defective works, to internal floor finishes, on large shopping centre. The valuation included an assessment of nighttime productivity and daytime protection works as the shopping centre remained open and had high footfall.
- Adjudication, marine piling works, UK. Craig supported the quantum expert value variations to a contractor’s tender, development of its tender price through tender negotiations, and post contract variations, resulting from a proven defective piling design that was the subject of a parallel design negligence dispute.
- Adjudication, shopping centre defects, UK. Craig supported the quantum expert value the repair of defective concrete and waterproofing works, and draft the quantum expert report, on a multi-storey car park, Scotland, UK. The report was submitted to the Scottish Courts.