Morris Associates Logo

CURRICULUM VITAE

Donald Pugh
Donald Pugh MSc, FCIOB, FCIArb, Solicitor


QUALIFICATIONS

M.Sc. Construction Law and Arbitration (1991)

Fellow Chartered Institute of Building (1992)

Fellow Chartered Institute of Arbitrators (1993)

Admitted as a Solicitor (1999)


Top

CAREER

Current Position

Position: Associate to Morris Associates

Professional History

Career Details Bucknall Austin/Citex (1½ years)

Freedman/Freedman Church Taylor Joynson Garrett (6 years)

Kier Construction plc (5 years)

John Mowlem plc (4 years)

Joannou & Paraskevaides (2 years)

Marshall Andrew/Lilly (6 years)

Pritchard Williams & Hunt (3 years)

Committees King's College Construction Law Association (currently secretary)

Editorial board member Construction and Engineering Law

Academic Tutor for RICS Assessment of Professional Competence

Personal tutor - King's College Centre of Construction Law and Management

Contributor to Construction and Engineering Law and other publications

Experience (Legal/Technical) Consultant to Citex Group and Morris Associates. Also receives instruction from other "blue" chip client organisations. Instructed on non-contentious and contentious matters, however specialises in analysing claims for delay, prolongation and disruption (see below).

Within Citex Group, Donald led Citex Consulting's in-house legal department. This part of Citex provided advice and training to other professional staff on all contractual and dispute matters connected with the Group's operations in the built environment. Donald also received instructions from clients of the Group on a variety of matters ranging from investigations for pre-development due diligence reports and providing strategic advice on construction procurement. Donald is also instructed as a quantum expert and has been instructed as expert witness in a dispute in the Technology and Construction Court dealing with matters of delay, extension of time and quantum. This type of work has seen Donald instructed to investigate and prepare a report on a large civil engineering project in Hong Kong, again dealing with time and quantum matters. Donald also acts as a dispute manager.

Commenced as assistant and later principal fee earner on a $200 million international arbitration held in the middle east. The case involved the defence of substantial claims made by the contractor against the employer on a number of complex technical issues relating to blasting, excavation and crushing of rock, together with claims for delay, the granting of extensions of time and disruption. Duties and responsibilities involved the whole ambit of conducting an international arbitration, including: engaging and managing home and overseas expert witnesses; interviewing and preparing witness statements; formulating points of defence and counterclaims; and, preparation of legal submissions. Assistant to partner/advocate and later advocate at interlocutory and substantive hearings.· Preparation of pleadings and assisting different partners on a variety of domestic arbitrations with amounts in dispute ranging from £0.5 million to £1.5 million. Assisting partners with litigation and making interlocutory applications in Official Referees' Court.

Conducting own litigation in Magistrates' Court in respect of noise/statutory nuisance.

Conducting own litigation in Lands Tribunal under Land Compensation Acts.

Time spent in Company Commercial and Commercial Property departments. General property related work involving: transfers, leases, assignments and surrenders of property.

Seconded to British Railways to advise on the defence and prosecution of claims (against contractors and design consultants) arising out of the development of the North Pole International depot. Assisting the Engineer's Representative in the defence of a variety of claims concerning: bridge and tunnel construction; foundations and sub-structures to engineering sheds; ballast and track-works; and, mechanical and electrical installations.

Preparation of draft Decisions for the Engineer for issue under clause 66 of the ICE form of contract.

Preparing reports on contractual and financial positions for Railtrack's/Euro Tunnel's Commercial Manager in final account negotiations with contractors, design consultants and professional quantity surveyors.

Experience (Technical/Professional) Part of a small team of managers charged with preparing tender and construction proposals for British Rail's North Pole International depot, the depot to provide repair and servicing facilities for the Channel Tunnel Rolling Stock. Construction value £75 million (C1989).

Establishing a project office for 25-30 staff, engaging clerical and secretarial staff, recruiting a number of quantity surveying and other professional staff.· Drafting procedures in respect of: cost control, procurement, tendering procedures, insurance matters and contractual control.

Establishing a programme for and undertaking the procurement of main contract work; placing individual contracts ranging in value from £2-10 million. Contracts were let mainly using the ICE and GC/works/1 Edition 3 forms of contract. Drafting complementary special and particular conditions of contract.

Conducting tender negotiations. Preparing tender reports for BR's Director of Procurement.

Drafting contract documentation on behalf of British Railways' engineering and signalling departments using Model Forms of contract.

Preparing defences to claims from contractors or prosecution of claims against contractors in default.

A number of significant disputes also occurred which, with the sanction of BR, required the formulation of questions to and conference with senior Counsel.

All work in connection with the management of contractor's claims and resulting disputes was undertaken by Kier's Commercial Department. Additional to the above duties carried out on behalf of BR, in their capacity as either Engineer or Employer, all other commercial functions necessary for the employment of a staff of 45 were undertaken within the department.

Pre-contract work for development of One America Square (an air-rights office development at Fenchurch Street Station, London valued at £44 million (C1988)). Establishment of specific quantity surveying procedures for the project; drafting of tender documentation; and, conducting on behalf of the Employer post-tender negotiations with Work Package Contractors for major elements of the Works.

Part of Kier Management's team awarded the pre-construction phase for the redevelopment of the Euston Tower valued at £28 million (C1988). Responsibilities encompassed all aspects of pre-construction work, this included: the establishment of construction budgets with the P.Q.S., design/costs and risk analysis, establishment of scopes of work, development of tender strategy and post-tender negotiations with work package contractors.

Kier Management's involvement with the Euston Tower development ceased, amicably, at completion of the pre-construction phase.

Senior Quantity Surveyor (later Managing Surveyor) on a variety of projects, principally a £9.0 million (C1985) office development in the City of London under JCT forms of contract. Negotiating with client's project manager and QS a two-stage tender against Bills of Approximate Quantities.

Preparation and checking of contract documentation; establishing cash flow projections and financial objectives; and, with a staff of three quantity surveyors, re-measurement and valuation of the project, interim and final account, submission and defence of claims.

Preparation and presentation to the Client of schemes reducing effects of delays. These schemes included negotiations for acceleration with major sub-contractors and radical programme changes. Completion of the contract achieved within ten days of the original completion date.

Responsibility for a team of five site-based quantity surveyors located on a number of different projects in south east England.

Site based Senior Quantity Surveyor for Joannou & Paraskevaides international building and civil engineering contractors on a contract in Saudi Arabia comprising 75k of single carriageway asphalt road through flat plains rising to mountains, including bridges, elevated intersection, retaining walls, culverts, etc., and was valued at £40 million (C1982). The contract being part of a £110 million project.

Prime responsibilities: to provide a quantity surveying service on-site to prepare interim valuations and formulate the Final Account; prepare and submit to the Engineer claims for additional works, delays, variations, etc.; preparation of daywork accounts and estimates for additional work; financial reporting to company management and preparation of cost and value reconciliation reports. Representing the company in submission of valuations to the Consulting Engineer's Head Office Project Management.

Also, due to the extreme weather conditions encountered when carrying out the Works, preparation, submission and negotiation with loss adjusters the settlement of an insurance claim for damage to the Works; the amount of claim exceeding £1.2 million (C1982).

On-site staff of two Quantity Surveyors, three Assistant Quantity Surveyors and a Junior Quantity Surveyor. Responsible to the Senior Area Quantity Surveyor.

Contracts Surveyor on a variety of new work and works of alterations and refurbishment. Duties: preparation of interim and final accounts; preparation and submission of claims; enquiry, negotiation and placing of sub-contract orders; attendance at site meetings; preparation and submission of financial reports to company management; estimating from Bills of Quantities and specification and drawings; taking off quantities, materials scheduling and contract planning. Responsible to the Surveying Director.

From August 1981 to August 1982, self-employed as a freelance estimator/surveyor working for a number of small building companies and specialist sub-contractors.

Site based Junior Quantity Surveyor for a two year period with a Professional Quantity Surveyor on a multi-million pound industrial project. Duties included re-measurement and agreement of accounts with main and nominated sub-contractors; preparation of Bills of Quantities for subsidiary contracts; preparation of Budget Estimates and method statements for proposed new works.

Contracts Surveyor for a development company undertaking construction of new housing and low-rise flats, responsible to the Senior Surveyor and Building Manager. Duties encompassed negotiation and placing of sub-contract orders; measurement and agreement of interim and final accounts; preparation of progress schedules; liaison between site management and purchasing department for ordering and call-off of materials.


Go to the top of the page

Home | Recent Instructions | Information | Links | Résumés | Documents | Contacts | Screensavers