European Data Centre

Arbitration | Value of claim €15m | Expert cross examined

Background 

The project involved the renovation and repurposing of a large data centre in Europe.  There was subsequently a complex dispute involving several different aspects.  This involved, in part, additional structural works.  A ridge structural engineering expert was instructed by solicitors on behalf of the design and build contractor to opine on various matters including: 

• Whether certain works were additional structural works, and therefore attracted extra time and money; 

• Whether the Works Information and initial site visit were sufficient to determine the necessity of the work; and 

• Whether there were any defects in the design or construction of various elements. 

It was initially necessary to understand the contractual relationships from a technical perspective.  The expert then used a small team of engineers to assist with the required investigations and analysis, including carrying out a detailed review of specification documents to obtain a good understanding before interrogating differences between the design information at tender stage and at the construction stage, via examination of revisions and iterations of design drawings.  The expert was also required to give his views on typical industry practice relating to the sufficiency of design information at different stages in a project. 

The expert then prepared various reports, attended experts’ meetings, prepared a joint statement and was cross examined in the arbitration hearing.   

The expert also worked closely with the quantum expert, providing required information. 

Feedback 

At the conclusion of the matter the solicitors commented:

We all really thought [the Ridge expert] was excellent.  User friendly, team player and very credible.  [The Ridge expert] was also excellent under cross examination. We would definitely use [the Ridge expert] and recommend him again.