​Name: 
Damian James​ FPD

Location:  
UK & South Africa
Contact details: 
02070998799

Detailed CV available on request from Prime Dispute. 

Qualifications: 
BSc (Hons), LL.M, FRICS, MCIArb, FCABE, FPD 

Specialisation: 
Chartered Quantity Surveyor and Commercial Leader;
Specialist in delay and disruption assessment and cost evaluation; Claims and disputes specialist and Expert in matters of quantum and delay.

Languages:
English, French (intermediate) and German (intermediate). 

Regions served: 
United Kingdom, South Africa, Gaberonne in Botswana, Kenya, Ghana, Zambia, Zimbabwe and further International regions as requested. 
Industry Sectors:*​
  • Construction
  • Power
  • Infrastructure 
  • Residential 
  • Stadiums 
  • Energy
  • Gas
  • Mining ​
​
Practice Areas: *​​
  • Adjudication
  • Arbitration
  • Commercial Negotiator
  • Expert Witness
  • Independent Expert
  • Mediation​
  • Specialist Panel​​
Background information: 

Damian James is widely experienced in engineering, construction claims and dispute resolution. He has undertaken expert determinations having been appointed in arbitrations and in adjudications. Damian has, on several occasions, given expert opinion evidence in the area of delay and disruption assessment and quantum / cost evaluation.

He has prepared and presented expert reports under JCT/FIDIC and NEC forms of contract and has drafted narratives examining causative potency, dynamic and static situations, condition precedent, foreseeability, purposive approach, penalties and damages. In specific matters of the FIDIC contract he has prepared reports in accordance with clause 3.5 determinations and clause 20.1 claim notifications along with clause 2.5 employer claims. In providing expedited relief he has proceeded to Arbitration and Dispute Adjudication Boards and submitted narratives of delay claims entitlement and monetary relief in sectors such as building, energy and rail. ​

Damian is strong team leader and has been responsible for the provision of dispute related services to employers, contractors and subcontractors, dealing with mechanical and electrical work, piling and diaphragm wall work and earthworks, power stations and wind turbines as well as the more general areas of building and civil engineering projects. Damian has a particularly high level of expertise in commercial fit out contracts and has represented the industry at trade level in a number of disputes and in its liaison with the NSCC and JCT contracts tribunals. Damian has particular experience in delay analysis and complex disruption valuation, disentangling global claims to establish the relationship of particular cause and effect, particularly in matters of dominancy and concurrency. He has been involved in a number of high profile cases that have been featured in the construction press and law reports.

Overview: 

Adjudications:
  • Wide experience of providing advice to parties to an adjudication and assisting the adjudicator, including:
  • Repudiatory breach of contract (NEC) Impossibility (NEC)
  • ​PAVA cabling routing
  • Failure to provide notice
  • Loss and expense valuation
  • Failure to issue notice of withholding
  • Remedial costs levied
  • Consequential delays
  • Repudiatory breach of contract (JCT)
  • ​Litigation proceedings brought prior to adjudication
  • Re-measurement methods
  • ​Fraudulent submission of QA documents
  • None payment of pipeline contract
  • Repudiatory breach of contract (JCT)
  • Failure to provide early warning notices (NEC) Compensation events
  • Possibility of works information​
​
Arbitrations:
Wide experience of managing and providing advice to parties to an arbitration, assisting the arbitrator for Claimant and Defendant in cases of commercial projects and similar issues.

Litigations:
Wide experience of representing and also providing advice to the parties to litigation, for Claimant and Defendant in cases of contract disputes, commercial proceedings and similar issues. Experience also of representing Claimant and Defendant in court during litigation proceedings. Single and joint expert for construction related disputes.

Expert Witness:
​Wide experience of providing advice to expert witnesses and of investigating defects and reporting to the courts as Expert Witness, for Claimant and Defendant in cases of housing disrepair, commercial proceedings and similar issues, including:- Groundworks, Civil, Power station, University, Critical path networks, Mechanical and electrical, Public address systems, Concrete frame, Structural steel frame, Timber Frame, Specialist Flooring, Strikes and commotion, Rail
and Oil. 

Mediations:
​Acting in Regents Park, Birmingham and Manchester Civil Justice Centres and privately in commercial mediations, including:- Share dividends, Death, Staff issues​​ & Freehold issues.
​
Detailed CV available on request from Prime Dispute. 
PANELS
Our ★★★★★ represent the following: 
  • Agreed to abide by 'Criteria for inclusion on  Prime Dispute's Panels';
  • Applications for both senior 'Fellowship' and 'Panels' approved;
  • Agreed to abide by Prime Dispute's 'Administration Process of Cases Note' & 'Schedule of Fees for all Cases';
  • Agreed to abide by Prime Dispute's 'User Agreement for FPD (Fellow Prime Dispute) Members'';
  • Agreed to abide by Prime Dispute's 'Business Ethics and Conflict of Interest Policy' - Including 'Section 6' on 'Business Ethics for Dispute Resolver'. 
DAMIAN JAMES / FPD PANEL MEMBER 
*Prime Dispute also provides a 'Formal Appointment Service', All our senior neutrals who are officially appointed will need to comply with our ' Formal Criteria' before nomination.
*Conflict checks would need to be undertaken prior to the neutral being formally appointed.