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Robin Gupta
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Adjudicator: |
ICE, RIBA and CIC Panels |
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Nature of Disputes: |
Consultancy/Professional Services; Delay and Disruption; Prolongation; Loss & Expense; Claims for Variations; Valuation/Quantum; Final Account Disputes; Defective Works; Quality/Specification; M&E Services; Insurance; Latent Defects; Legal/Contractual Issues; Project/Contract Management. |
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Specialisms: |
Buildings (Offices, Factories, Retail, etc); Construction Materials; Demolitions; Earthworks; Foundation/Substructures; Tunnelling; Health and Safety. |
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Contract experience: |
JCT (all forms), ICE (Various), NEC, GC/Works, RIBA, ACE, RICS, and bespoke. |
Adjudication: Qualified as an Adjudicator in 2001 since when I have been appointed as Adjudicator on a variety of disputes varying from a consultant seeking payment of unpaid fees through to the traditional main contractor / sub-contractor dispute of time and money. Decisions require robust analysis of the documents and clear and precise analysis and reasons setting out the individual decisions so that the parties can understand and accept the Decision without recourse to further dispute resolution or court referral.
Dispute Resolution Experience: (in addition to appointments as Adjudicator), as a construction solicitor I specialise in acting and advising both referring and respondent parties, including successful enforcement in the Technology and Construction Court. This is additional to specialised experience in the other forms of dispute resolution to include: Arbitration, Hearing in the TCC (to include Appeals); mediation; litigation in the County Court and TCC (to include compliance with Protocol procedures); and informal dispute resolution. As a multi-disciplinary solicitor I also have the added benefit of having considerable experience as an Engineer/Project Manager.
Career: In 1997, I commenced qualification as a Solicitor (following many years specialising in contractual matters at a senior management level within the construction industry) and qualified in 2000. I now specialise in all construction related matters. I am actively involved in Arbitrations, Mediations and Litigation, as well as Adjudications. My focus is the promotion of dispute resolution through direct negotiation. Non-contentious construction work includes advising on contract procurement, contract conditions, contract documents, professional appointments, bonds, warranties, novations, advance payment bonds, retention trust accounts, etc. Having both the breadth and depth of advising and assisting at all stages of the construction process means that the experience gained can be used to benefit both the contract procurement process and resolution of disputes.
Chartered Engineer and Solicitor: I worked for Sir Robert McAlpine for 25 years until 1997, following a traditional route from Site Engineer through to Project Manager. Latterly, holding Regional Office and Head Office posts, including Contracts Engineer in Head Office, where advice was provided to all Regions and Departments on the legal/contractual side of the Construction Industry, including: conciliations; insurance claims; and managing financial and extension of time claims.
What others say: Recognised as a 'leading construction lawyer' in Chambers UK guide to the Legal Profession.
Official Positions: Committee Member and Honorary Treasurer of Western Counties Branch of Chartered Institute of Arbitrators. Member of the Institution of Civil Engineers CPD Review panel. Past member of the Construction Confederation Contracts Committee and the Joint Contracts Tribunal.
Other Activities: Lecturer for Thomas Telford Training on JCT 2005 & Party Wall Act. In-house seminars on all construction issues, including Construction Disputes, JCT 98, JCT 2005 and GC/Works. Member of the Society of Construction Law; the Adjudication Society, the Chartered Institute of Arbitrators and Institute of Civil Engineers.
For more information, please see the user's guide to adjudication.
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