Daniel Atkinson has wide experience over some 40 years of managing both projects and disputes over a range of industries. A summary of his experience whilst practising as a Chartered Engineer can be seen by clicking below.
Head of Contract Department in a firm of international consultants responsible for preparation of contract documents, overseeing the administration of contracts and advising in relation to Engineer's decisions under ICE and FIDIC forms of contract.
Project Manager of a fast track refuse handling facility in the River Thames, including investigation of the ground and river, design of piles, barge mooring system, approach jetty, building enclosure, overhead cranes, automatic tide gates, steel wall fendering and screen, compactors and electrical equipment. Responsible for dealing directly with all contractual issues as well as design and development.
Resident Engineer responsible on site for the bridge refurbishments involving bridges built in wrought iron, concrete and cast iron.
Design Manager stationed in Indonesia responsible for a feasibility study for Phase II port development. Responsible for outline design and costings for port jetties and facilities, railway and road systems and drainage and mechanical electrical services. Responsible for coordination of the investigations of economists, shipping and commodity experts and liaison directly with the Port Authority.
Design Manager of a team of designers for a road development in North Africa involving a viaduct multi-span bridge, piers and piles, six single or two span bridges, roadworks, retaining walls, drainage and earthworks. Responsible for establishing design requirements, directing the team and personally carrying out the advanced parts of the design for seismic loadings.
Design Manager for a 2.5m diameter tunnel for high voltage cables. Responsible for preparation of contract documents, placing contract and supervision of the works.
Design Engineer for an LPG jetty in North Africa, involving design of piles, jetty and fendering system, responsible for preparation of specifications, drawings and contract documents.
Design Engineer responsible for the design of various bridgeworks including cast-iron, post-tensioned concrete and skew span railway bridge.
Tunnel Engineer on Road Tunnel, responsible for organisation of the pilot tunnel. Later responsible for setting up and day to day running of the casting yard for the main tunnel segments. Later assisted in the design and ordering of the shield.
Tunnel Engineer on soft ground tunnel responsible for managing the works.
Daniel Atkinson has been responsible for the supervision of a large number of disputes and their resolution. In all these a hands-on approach has always been adopted. The details of some of the disputes are arranged below by reference to industry sector - click to see the details. The disputes which involved Daniel Atkinson as Mediator, Adjudicator or Arbitrator are not shown, refer to the Dispute Resolution CV.
Numerous instructions from employers, Architects, contractors and subcontractors on commercial issues, giving advice, drafting letters as appropriate, preparing or reviewing extension of time entitlement and leading negotiations to settlement of disputes. Instructions have related to
Preparation of defence in an arbitration in UK on infrastructure works in relation to housing development, including trenching works for installation of ductlines for services.
Conduct of a UK case relating to the construction of a large data centre involving two extended adjudications, responsible for a team taking witness statement, instructing Experts and Counsel. involved as a witness of fact in subsequent successful enforcement proceedings.
Advice to major Contractor in a dispute with subcontractor on delay and disruption to construction of structural steelwork and metal decking to major UK airport, including advice on adjudication.
Advice to a subcontractor on substructure and superstructure remedial works including cast in situ piles and claims for payment and extensions of time under JCT form.
Representing a contractor in a 3 month adjudication on payment on a five year term contract for the repair and refurbishment of properties in London including preparation of submissions and taking witness statements on the the accounting systems. Advocate on interpretation of the contract leading to a successful award.
Advocate in a UK arbitration under the Arbitration Act 1996 for professional negligence, relating to a building dispute settled successfully.
Advising an Employer on a prestigious public building on his potential liabilities and the payment due to package contractors and extensions of time due, which led to realistic settlements of the accounts.
Managed the conduct of the defence in arbitration on a shopping centre for a development corporation concerning a design and construction form of contract. Secured a successful settlement for the client before hearing.
Conduct of a UK case relating to a dispute on the construction of an Hospital involving analysis of delay and disruption using the comparative norm method and acting as advocate in negotiations.
Directed a team of professionals on a dispute involving a major development on a management form of contract with a national management contractor. The preparation of extension of time claims allowed the contractor to receive a substantial award in the subsequent arbitration.
Representing a brickwork subcontractor in adjudication on claims for payment and loss and expense under bespoke form of contract, preparation Referral, taking witness statements and submissions to Adjudicator at meeting leading to successful award.
Advising subcontractor on various brickwork subcontracts in relation to payments, retention, loss and expense and defects under various forms of contract.
Advising a contractor on claims for variations and loss and expense under a JCT Form on the fit out of an auditorium, including preparation of the Referral for proposed adjudication.
Advising a contractor on claims for variations and loss and expense under JCT Form on the fit out and refurbishment of a prestgious hotel, including preparation of the Referral for proposed adjudication.
Advising subcontractor on various flooring subcontracts in relation to payments and retention under various forms of contract.
Dispute Manager and Advocate on a dispute on the refurbishment of a hospital including mediation, adjudication and arbitration leading to settlement.
Representing a contractor in an adjudication in relation to the refurbishment and fit out of a building and the final account for the electrical installation leading to a successful award.
Advising a contractor on a delay and disruption claim for the installation of a computerised and integrated building control system, settled successfully.
There have been numerous instructions on major and complex engineering disputes both in UK and internationally.
The knowledge and experience of the design and construction of major structures was an important part of the successful management of the disputes. It allowed the key issues to be quickly addressed through an immediate understanding of the drawings, specifications, correspondence and the witnesses. It also allows detailed instructions to Experts and early advice on the prospects of success. Click below for details.
Advocate and Dispute Manager with conduct of the international case directing a team of professionals on the preparation of a professional negligence claim for an Far Eastern Contractor on design and advice by a US Consultant in relation to a post-tensioned segmental box girder bridge of varying profile constructed on piles and located on the Indian continent. Directing experts, instructing Counsel both in the UK and in the USA and on the Indian continent and under ICC Arbitration rules. Advise on insurance policies and Letters of Credit. Settled successfully.
Dispute Manager of a team of professionals on the preparation of a claim for piling works to a railway bridge. This involved directing the analysis of the pile design and site investigation to establish a claim of impossibility and unforeseen ground conditions. Assisted the Scottish advocate on the preparation of Statement of Case and subsequently in arbitration.
Preparation of a claim under a sub-contract for piling works, using spreadsheet diagnostic technology based on piling records. Directed sub-contractor’s piling experts on the analysis required and examination of the resultant analysis of ultimate load capacity and founding levels for the specified working loads, including directing analysis to be carried out. Subsequently prepared opinions on ensuing steps in disputes resolution, which led to a successful settlement.
Preparation of Response and representation in multiple adjudications for a contractor for claims by a subcontractor in the construction of taxiways for a major UK airport, including excavation, support works and traffic management under NEC Option A.
Advocate and conduct of the case on the defence in an international arbitration on a road project in Belarus. Leading a team of professionals and preparing Instructions for Counsel in an ICC Arbitration with the seat of arbitration in France. Headed negotiations as advocate which led to a successful settlement.
Dispute Manager and Advocate on disputes under term contracts for repair of roads including adjudication and settlement negotiations.
Directed the investigation of the potential liability of an Employer on a large power station. Dispute Manager of a team of professionals on the preparation of the technical and legal analysis of issues, preparation of the as-built programme and advise on settlement levels. In addition, personally investigated piling issues involving the analysis of site investigation reports, consulting engineer reports and two expert reports prepared in anticipation of litigation and the examination of piling records to establish whether preboring was required. Advised Managing Director and in-house lawyers directly of potential liability. Subsequently advised the Engineer under the contract on dealing with contractor claims and advised on contractual, technical and procedural matters.
Advice to contractor on numerous contracts including framework agreements for construction and repair of pipelines for potable water and sewage, bespoke conditions IChemE and NEC. Drafting subcontract conditions of contract and settlement agreements.
Numerous instructions from Water Authority for opinions on contractual issues and reviewing and drafting forms of contract.
Daniel Atkinson practised as a Marine Engineer for a number of years on the design and construction of marine structures as well as feasibilty study of a port development. The knowledge of this specialist industry has resulted in managing the resolution of numerous disputes in both offshore and marine works. Click below for details.
Advocate in an arbitration relating to construction of coastal protection works, including drafting of pleadings, preparation of witnesses of fact and expert witnesses and examination and re-examination of witnesses in the hearing leading to successful settlement.
Dispute Manager of a team of professionals examining the causes of failure of a cofferdam in UK, examining the analysis prepared by Geotechnical experts and directing further analysis. This consisted of interviewing site engineers to establish sequence of events and advising Directors of potential liability. Led negotiations as advocate which culminated in a successful settlement.
Preparation of a defence and counterclaim for the fabrication and installation of deep-sea pipelaying equipment on a newly built ship for an international firm. The investigation required interview of engineers and understanding of the engineering involved as well as a legal analysis of the bespoke contract.
Daniel Atkinson has been involed in the resolving disputes in process related dispute of divers types where he has gained considerable knowledge building on his different experience as a chartered engineer. Click below for details.
Legal Adviser in the preparation of a claim for termination of a project in Europe for a chemical production plant and advising and assisting local Advocate in Arbitration.
Adjudicator on an adjudication under the Scheme for Construction Contracts for a dispute on a pharmaceutical Facility.
Dispute Manager of a a team of professionals on the preparation of a claim on the design and construction of a pharmaceuticals process plant, involving an understanding of the process, the difficulties of construction and the design process. Advised on strategies to be adopted and prepared Instructions for Counsel and led negotiations to successful settlement.
Facilitator for a Parmaceutical company to identify the appropriate Risk Strategy for a facility to be built in China.
Advice and preparation of a claim for a contractor in relation to a Liquified Natural Gas Importation facility based on the IChemE form of contract. Examination of issues in relation to process engineering, control systems, Vent Stacking and pipelines, preparing critical path analysis and assisting in settlement negotaitions.
Advocate in an international arbitration under UNCITRAL Rules with the seat of the arbitration in Switzerland, relating to an LNG Plant in Africa and the drilling of deep water wells, including drafting of pleadings, preparation of further and better particulars, preparation of witnesses of fact leading to successful settlement.
Advocate and conduct of the case in an international engineering dispute, directing a team of four professionals in Germany in the preparation of a claim relating to the construction of LNG Tanks constructed in rock and designed to function after seismic loadings and involving foreign law. The preparation of the claim involved understanding the principles of seismic design and assisting the designers in preparing analysis to explain the development of the LNG Tanks, interviewing of engineers in Greece to record the progress of the construction works and working in liaison with the foreign advocate in the preparation of Statement of Case and advising on strategies.
The defence of a claim on a large petro-chemical plant, including the analysis of the large volume of test-pack information using spreadsheets design specifically. Set up and managed the system for database tracking of correspondence. Prepared analysis of legal issues related to quantum of damages for settled claims. This approach allowed the true value of the claim to be quickly evaluated and led to a successful settlement.
Advised a contractor on six Water Treatment Plants and led a team of professionals on the preparation of claims, including directing engineers on the design analysis required in relation to the adequacy of design. Advised settlement levels with both sub-contractors and Purchasers.
Legal Representative of Process Contractor in an adjudication in relation to a Water Treatment works.
Daniel Atkinson's experience in pipelines includes being site engineer during construction of pipelines and in the design of welded steel structures including pipes has assisted in managing disputes in the pipeline industry. Click below for details.
Preparation of Referral for contractor on NEC Option C for large diameter gas pipeline in UK including the interpretation of the Schedule of Cost Components, the meaning and application of Disallowed Costs and Defects.
Advice to contractor on interpretation of NEC Option C form of contract on large diameter gas pipeline in UK.
Examination of weld productivity, defects and use of welding Equipment in an NEC subcontract for the construction of large diameter gas pipeline in UK, preparation of Referral and leading settlement negotiations leading to successful settlement.
Advice and opinions to a German contractor on disputes on a pipeline in South America including preparation of the claim, extension of time and valuation of variations.
Advice and opinions to a Gas Authority in northern Europe on disputes with a pipeline contractor, including leading negotiations with the contractor to settlement.
Advice and opinions to a contractor in UK on horizontal drilling of pipelines including claims of impossibility, changed ground conditions and variations and advice on insurance issues.
Advice has been given on a range of commercial issues relating to installation of telecommunication systems in major tunnel projects. Click below for details.
Preparation of claims for a world leading electronics company for a radio system in a an undergroung transport system in UK including multi-party adjudications and arbitration. Prepared submissions, instructed experts and Counsel.
Preparation of a claim for a world leading electronics company for a radio system in an international tunnel contract involving foreign law. The dispute required technical understanding of the function of the radio systems as well as the design, manufacture and installations processes involved. Led negotiations as advocate which culminated in a successful settlement.
Preparation of defence and advocate in an arbitration relating to construction of extensive trenches and ducts for fibre optic cables leading to successful jurisdiction defence.
The following is the dispute experience of Daniel Atkinson, but he practised as a Tunnel Engineer for a number of contractors, has designed tunnels and has experience of the operation of Tunnel Boring Machines and working in soft and rock tunnels.
Dispute Manager directing a team of professionals on the preparation of a claim on an international dispute relating to the manufacture of two tunnel boring machines. This involved the interview of engineers in Germany and the Far East and an understanding of the manufacture process and the ground conditions encountered. Acted as a liaison with the French advocate leading to a successful settlement.
Dispute Manager of a team of professionals with a further client engineers on the preparation of an international dispute involving foreign law on a contract for the design and manufacture of mechanical electrical and electronic tunnelling equipment, including an EPB TBM. The preparation involved understanding the technical nature of designing and manufacturing tunnel boring machines and the operation of the clients business, the operation of the machines at site and the ground conditions encountered. Prepared claim submission for variations and delays and defended a counterclaim from the contracting consortium. As English advocate, assisted foreign advocate in the preparation of the Statement of Case for the arbitration in Denmark and assisted the Scots advocates in the court action. Advised on actions under European Law. Prevented bonds being drawn by the consortium, and led the negotiations as advocate in Switzerland and Denmark which culminated in a successful settlement to the dispute.
Advocate in an Adjudication in UK on the valuation of variations on a tunnel project and on issues of unforeseen ground conditions and whether or not the contractor was proceeding with due diligence.
There have been numerous instructions on major and complex engineering disputes both in UK and internationally.
Daniel Atkinson practised as a Marine Engineer for a number of years on the design and construction of marine structures as well as feasibilty study of a port development. The knowledge of this specialist industry has resulted in managing the resolution of numerous disputes in both offshore and marine works. Click below for details.
The following is the dispute experience of Daniel Atkinson, but he practised as a Tunnel Engineer for a number of contractors, has designed tunnels and has experience of the operation of Tunnel Boring Machines and working in soft and rock tunnels.