SERVICES
"Robert has considerable experience of dispute resolution and contract advice as well as expert witness work. Robert provided an excellent expert report on a matter which led to the early settlement of the case in our client's favour."
Partner - International Law Firm
EXPERT WITNESS
Robert specialises in providing Expert Witness services to the construction and engineering industry.
Robert is an experienced and established Expert Witness and has given expert opinion evidence in litigation, adjudication, and dispute board proceedings.
Although Robert has acted as Expert Witness in a wide variety of quantum matters, his primary focus is now on giving his expert opinion testimony in relation to the quantification of the contractor's financial loss due to delay and disruption to the progress of construction and engineering projects
"We have worked with Robert Gemmell for many years now. Robert is our preferred expert of choice on all things quantum.
Robert has assisted us to successfully recover and defend (as the case may be) multimillion-dollar prolongation, disruption, acceleration, and variation claims in multiple forums and jurisdictions.
Robert's technical skills are excellent, plus he is easy to work with. That's a rare combination."
Principal - Australian Law Firm
ADVISORY
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Contractual and commercial administrative documents and systems including change / variations control;
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Contractual and commercial correspondence;
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Contractual entitlement and/or bases;
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Notice requirements, and compliance with, pursuant to the applicable contract;
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Extension of time and/or delay claims submitted by contractors;
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Variations including valuation, submission and negotiation; and
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Any other critical issues the contractor faces on its project(s).
“We engaged Robert on a major bridge construction project as an expert to assess an extension of time and delay cost claim and to give some commercial advice. Dealing with an extremely complex deed and under a delivery partner model, Robert was able to defend our entitlements, providing us commercial advice in the first stage of our design & construction contract in order to deliver a very successful project for all the parties and stakeholders”
Project Director - International Infrastructure Contractor
For principals/employers:
Robert’s advisory services for principals/employers include the provision of recommended actions and best practices required to review and advise on claims for payment made by contractors. This would involve analysing and reporting on the merits of contractors’ payment claims and to provide advice on the amount of payment that should be made and why.
Again, Robert’s approach focusses on a ‘best value’ outcome which means an outcome that ultimately results in paying the contractor an amount that it is entitled to.
For contractors:
Robert’s advisory services to contractors include the provision of recommended actions and best practices required to enhance the chances of a contractor’s success in its claim(s) and payment submission(s).
This may involve conducting ongoing periodic (weekly, monthly, other) ‘health checks’ to analyse and report on the merits of any previous claims submissions and provide recommendations on the appropriate strategy and action for the most appropriate way forward in relation to the contractor’s existing matters.
The ‘health check’ services can be tailored to suit each project which could include any combination of a review and check of:
THIRD PARTY ASSESSMENT
Robert is often engaged by principals/employers and contractors to assess claims submissions / defences already prepared for them by others and/or their in-house advisors/counsel prior to the commencement of negotiations and/or other more formal dispute resolution proceedings. This service is the provision of third-party ‘balanced’ advice to advise on the merits of any submissions that have already been prepared (but which may or may not be submitted) including all documentation being used to support the submission(s).
As a dispute decider, Robert has decided, by way of legally enforceable awards, determinations and decisions, over 100 disputes (none of which have been overturned or found to be unenforceable); providing him with the experience to form a balanced view as to the likely outcome based on the submissions as currently prepared.
CLAIMS PREPARATION AND ANALYSIS
Robert is an experienced claims preparer and assessor, based on extensive knowledge and experience, and has dealt with most types of quantum claims on a wide variety of projects, including valuation and/or assessment of variations, quantum meruit, delay / prolongation and disruption costs, and loss and expense.
Robert is a specialist in investigating and analysing the causes of effects of events that have arisen during the course of projects in order to prepare claims submissions and/or analyse any submission made against you.
Robert’s skills and experience gained with over 25 years of experience in the industry are invaluable to his clients when assessing and analysing contractual entitlement, causation and resulting quantum of entitlement whether in relation to preparing or defending claims. This thorough assessment will give the best possible outcome to Robert’s clients, whether the client is the claimant, defendant/respondent, subcontractor or contractor, or the principal/employer.
Robert’s claims preparation and analysis services are designed to achieve the best outcome for his client, whether his client is the principal/employer or the contractor.
"Robert has represented my company in many disputes over the years. Some of the disputes comprised very complicated issues of contract interpretation and valuation but Robert managed to bring each and every dispute to a more than satisfactory conclusion either by negotiation or by representing us in adjudication and other legal proceedings. Throughout each dispute Robert maintained a balanced approach, and was a thoughtful and professional dispute representative at all times. I can always rely on Robert for the best legal and contract advice. He is very methodical and result driven and I would recommend him to anyone."
Owner - International Construction Contractor
DISPUTE DECIDER
Robert acts as an Arbitrator, Expert Determiner, Adjudicator and Dispute Board Member and to date has decided over 100 disputes. Although most of these appointments are made through established panels of vetted dispute deciders, Robert has often been appointed to act as Arbitrator, Expert Determiner and Dispute Board Member by party agreement.
Robert has been appointed to act as Arbitrator, Expert Determiner, Adjudicator, and Dispute Board Member in over 100 disputes.
Expert Determiner: Robert has been appointed by both party agreement and by panel appointment in both Australia and the UK to act as Expert Determiner in disputes that include extensions of time, delay / prolongation and disruption costs, and valuation of variations.
Adjudicator: Robert has been appointed to act as Adjudicator in both Australia and the UK in a wide variety of disputes that again include extensions of time, assessment of delay / prolongation and disruption costs, defects, and valuation of variations. In the UK Robert was on the RICS, CIArb, CIC, and RIBA panels of adjudicators.
In Australia Robert is a registered adjudicator in QLD, NSW, and NT, and is a QBCC (Queensland Government) Senior Adjudicator.
Dispute Board Member: Robert has been appointed recently to act on a Combined Dispute Board comprising three Dispute Board Members to decide an international dispute governed by the International Chamber of Commerce (“ICC”) Dispute Board Rules in force as of 1st October 2015.
Robert is also an active member of Dispute Resolution Board Foundation (DRBF”) Region 3, the Australasian Chapter of the DRBF.
Arbitrator: Robert has often acted as Arbitrator under the UK Arbitration Act 1996, including conducting oral hearings, and has decided disputes in relation to contract interpretation, orders for specific performance, most quantum related issue including loss and/or expense, valuation of variations, and rectification of defects.
"I was the advocate representing a contractor organisation in an arbitration conducted by Mr Gemmell. The arbitration was conducted over a period of just over one year which included a 3-day hearing at the Chartered Institute of Arbitrator's in London. The issues in dispute were not straightforward. Robert’s arbitration award was well reasoned and structured and I was able to understand why he found as he did. Further, under difficult circumstances, Robert’s conduct of the arbitration was exemplary. I would not hesitate to accept and/or recommend Mr Gemmell to act as arbitrator, or in any other tribunal/dispute deciding capacity."
Director / Barrister
EDUCATION AND TRAINING
Robert is able to add considerable value to his clients' organisations by way of education and training programs, particularly in relation to the quantification of delay and disruption costs. Backed by over 25 years of industry knowledge and experience, Robert delivers bespoke training courses on delay and disruption across a range of topics. This includes, but is not limited to:
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Delay and disruption – the distinction;
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Quantification of loss caused by delay;
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Quantification of loss caused by disruption;
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Global claims for delay and/or disruption;
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How delay and disruption costs are quantified in line with the terms and conditions governing your organisation’s current project(s); and
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Robert’s response to your specific queries which you may provide to him in advance of the training.
Robert also offers tailored bespoke training on topics relevant to specific clients’ needs. Often this training consists of his clients providing Robert with specific contracts for current live projects which he is then able to design a training package around.
Note that the training session can also allow as much time as you require to examine and discuss your specific queries which you may provide to him in advance of the training. Robert offers the utmost level of privacy and confidentially with all his training programs, so you can be rest assured that anything that is provided to Robert is not shared or promoted to any other parties.
Robert’s training is flexible to his client’s needs and can be delivered, for example, as a half-day, full-day, or a two-day course either face-to-face or by webinar.
As part of Robert’s services to the construction and engineering industries, Robert also delivers webinars on a regular basis to a global audience and posts topical blogs / articles on LinkedIn.
"We are a large commercial construction contractor with a strong national presence. We engaged Robert Gemmell in 2018 to conduct in person training for our Brisbane and Sydney based project management and contract administration staff on the topics of delay and disruption. The training was conducted over 1 and 2 day sessions at each city location and was tailored to suit our business operations. Course content included practical answers to commonly encountered issues relating to delay and disruption using example clauses from common construction industry contracts. Robert conducted the training in an engaging manner which achieved our key objectives and with positive feedback received from attendees."
Senior Contract Administrator – Large Contractor Organisation