- Senior Managing Director
- Forensic & Litigation Consulting
- T: +44 20 3727 1179
- F: +44 20 3727 1007
- 200 Aldersgate
- Aldersgate Street
- London, EC1A 4HD
- United Kingdom
- T: +44 20 3727 1000
- F: +44 20 3727 1007
- B.Sc., (Hons), Building, Aston University
- Certified Diploma in Accounting and Finance (CDipAF)
- Fellow of the Chartered Institute of Building (FCIOB)
- Chartered Institute of Arbitrators (CIArb)
- Claims Management
- Construction Solutions
Owen Fox is a Partner in FTI Consulting LLP and a London based Senior Managing Director in the FTI Consulting Forensic and Litigation practice. He is a member of the Construction Solutions group. Mr. Fox has spent over 30 years working in the construction industry and for the great majority of that time has been actively involved with the resolution of a wide range of contractual and commercial disputes.
Following 10 years during which he was employed by specialist mechanical and electrical contractors, Mr. Fox has provided consultancy services to all sectors of the industry including subcontractors, main contractors, construction clients and professional team members. During this period a substantial expertise has been developed in relation to the quantum aspects of all types of construction related disputes, whilst also maintaining a specialist interest in building services issues. A wide range of experience has been gained from a variety of perspectives, providing a detailed understanding of the procedures and approaches to be found within different sectors of the industry.
Appointments to act as expert witness on quantum matters have been a regular feature over recent years, where responsibilities have included giving advice to the client and legal team, the conduct of without prejudice meetings and preparation of joint statements, the preparation of expert reports and the giving of expert evidence to the tribunal.
In addition to dispute related work, Mr. Fox has regularly advised upon procurement matters, published articles on a variety of construction related topics, spoken at industry conferences and delivered a large number of in house training courses.
- Appointed as tribunal expert on quantum in connection with ICC arbitration between an electrical contractor and a main contractor, arising from a contract for renewal and upgrading works on an urban railway.
- Appointed by a major building services contractor to give evidence in litigation as to its reasonable remuneration in a case where it was alleged that there was no contract with the main contractor and that as a consequence it was entitled to a quantum meruit valuation. In addition to reviewing the costs incurred in undertaking the work, consideration was also given to whether those costs represented a reasonable basis for reimbursement, having regard to the nature of the works and the circumstances in which they were undertaken.
- Appointed by a mechanical and electrical subcontractor to give expert evidence in relation to the value of variations and the ascertainment of loss and/or expense incurred on a major arts centre project. The case was settled after experts’ meetings, the preparation of a joint statement and the exchange of reports.
- Instructed by the legal department of a major national building contractor to act as expert witness in the defence of claims made in arbitration by an electrical subcontractor. Tasks undertaken included a review of the clients’ valuation of the measured account, a consideration of the claims made by the subcontractor, advice to Counsel regarding the deficiencies within the Statement of Claim and advice upon Calderbank offers. The case was settled when the offer made was accepted over three months after it had first been made.
- Appointed as expert witness in litigation concerning defective piling and the extensive remedial works and delays that this gave rise to. Initially gave advice concerning the true (sustainable) value of the claim and the further information that would have to be put forward by the client in order to improve its prospects of success. The total amount in dispute was in excess of £4m and a successful settlement was achieved after a mediation involving the piling contractor’s insurers.
- Instructed by solicitors in connection with a major design and build contract to:
- Provide input to the claims preparation process in respect of claims against the client, key subcontractors and consultant designers.
- Act as expert witness in separate arbitration proceedings regarding the identification and valuation of variations executed by mechanical and electrical subcontractors.
- Prepare and exchange expert reports.
- Attend experts’ meetings and prepare joint statements of agreements and disagreements.
- Give expert evidence to the tribunal.
- The total value of the claims concerned was in excess of £10m.
- Appointed as expert by a main contractor in a case, in litigation, concerning an alleged overvaluation and overpayment in respect of works executed on a large scale housing refurbishment contract. The appointment involved jointly inspecting samples of the properties that were said to have been overvalued to determine the works actually executed so that valuations could be checked. Advised concerning quantum issues and the procedures adopted by the contract administrator and contractor. Participated in mediation, at which all claims were settled.
- As a part of the employer’s team (including the design team and solicitors) provided specialist advice and support in connection with a final account adjudication which addressed issues of valuation, extension of time and loss and/or expense. Prepared an expert report in connection with these matters and attended surveyors’ meetings to assist in the preparation of schedules of agreements and disagreements for use by the adjudicator.
- Appointed as the expert witness on quantum, to act on behalf of a main contractor and provide opinion evidence to an adjudicator concerning the valuation of variations undertaken by its mechanical and electrical subcontractor. Subsequently advised in relation to the correction of slips made within the adjudicator’s decision.
- On behalf of the employer on a PFI contract for the provision of heat energy, investigated the contractor’s claims for delay and disruption caused by the employer’s failure to provide access and remove asbestos from existing structures. Advised regarding delay caused and potential financial liability, including quantum calculations in respect of the delayed recovery of unitary charge payments. Gave expert evidence upon these matters in a subsequent adjudication.
- Assisted the employer in the application of the principles established by the above adjudication to a further eight PFI contracts between the same parties where similar disputes existed.
- Appointed by a main contractor and its developer client to act as the quantum expert in the pursuit of claims against their structural engineer. As both the contractor and the developer were members of the same group of companies, it was necessary to carefully identify (and segregate) the various breaches complained of and the losses incurred as a consequence. Quantum issues addressed included the identification of the critical delay to the project and the additional construction costs incurred – both as a consequence of the delay and the additional work undertaken.
- Appointed as quantum expert by solicitors acting on behalf of a main contractor defending claims made in litigation by a mechanical services subcontractor. The appointment was made more complicated by the fact that the originally appointed expert resigned after the determination of a preliminary issue. Matters addressed included the valuation of variations and the evaluation of loss and/or expense. The case was settled shortly after the trial had resumed to address the remaining issues.
- Investigated, on behalf of a main contractor, the circumstances surrounding the delayed completion of work by a subcontractor undertaking the design, off site manufacture and erection of a structural system on two of their projects. Advised that the delays arose as a consequence of the subcontractor’s failure to properly appreciate and discharge its contractual obligations as regards design, design coordination and the execution of works on site.
Contract drafting and negotiation
- On behalf of the design and build main contractor, undertook extensive reviews of the proposed main contract documentation for a major Olympic project, providing input to the contract conditions, Contract Data and Works Information during the negotiation process. Reviewed the final documentation prior to execution.
- Prepared amendments to the NEC subcontract conditions and professional services agreement to ensure their compatibility with the main contract, then assisted in placing of the first subcontracts utilising these conditions to demonstrate the application of the sub contract data and sub contract works information.
- Conducted workshops for the main contractor’s personnel (including members of its design team) to familiarise them with the principles underlying the NEC suite of contracts.
- Appointed by the BPF to prepare “lists of services” for use with a proposed new form of consultancy appointment. The lists were prepared to provide an integrated suite of duties for the various professionals likely to be appointed, and also made provision for both a “traditional” approach and a “design and build” approach, where the consultant’s appointment would be novated to the contractor. The consultancy agreement was published in May 2005
- Drafted an entirely new form of contract for use by major clients on major projects. This included receiving the brief and preparing drafts to reflect further directions received from a steering group that included representatives of contractors, employers, subcontractors and consultants. The contract was published in June 2003 as the JCT Major Project Form.