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WWL Ranking: Future Leader

WWL says

Ben Burley is a “very well-known” expert on delay cases, praised as “efficient in complicated cases”.  

Biography

Ben Burley is a managing director at Ankura, based in Hong Kong. He is an experienced expert and has been appointed as planning expert on over 35 occasions under HKIAC, ICC, SIAC, VIAC, AIAC, CIAC and ad hoc arbitration rules, and been cross-examined.

He is a forensic delay analyst who assists clients on domestic and international construction and engineering projects or programmes of work to avoid, mitigate and resolve complex disputes. His clients benefit from his extensive forensic delay, planning, programming and project controls experience. He has developed his skills across a range of key industry sectors including airports, process, offshore oil and gas, rail, civil engineering, industrial, hotels, leisure, commercial offices, large mixed-use developments, accommodation, education, and custodial and laboratory projects.

Ben has been appointed expert witness relating to time, delay and disruption. He has provided expert reports and oral evidence in support of his opinion to various dispute resolution forums, specifically litigation, arbitration, adjudication and mediation. In addition to cross-examination, Ben is also experienced in witness conferencing or hot-tubbing.

Ben’s recent caseload includes a high-rise residential development in Singapore, in which Ben was instructed as a delay expert by solicitors acting for a Chinese contractor to analyse critical delay in relation to the main contract and sub-contracts. The project involved complex analysis to identify where over 90 weeks of critical delay occurred. Ben provided oral evidence in support of the opinion, including hot-tubbing.

He was also recently instructed as delay expert by solicitors acting on behalf of an EPC contractor to analyse delays arising during the fabrication and erection of pressure storage vessels on a US$4.7 billion giant integrated gas development project being carried out in Abu Dhabi. The issues involved analysis of 95 weeks of critical delay and further disruption to non-critical areas of the project. Ben was cross-examined during an arbitration hearing.

Ben was also instructed as a delay expert by solicitors acting for a main contractor to analyse multiple contract packages during construction of a manufacturing facility located in the Philippines. The project was 13 months late, with other non-critical packages 23 months in delay. The analysis included critical path analysis of delay to the project and loss of production to other non-critical areas. This matter was finally determined by arbitration and involved a two-week trial where Ben gave oral evidence under cross-examination and hot-tubbing in support of the analysis.

In another recent matter, Ben was instructed as a delay expert acting on behalf of a Japanese and Korean joint venture contracted to construct a US$2.1 billion MTR project in Ho Chi Minh City, Vietnam. The disputes with the owner involved analysis of critical delay arising during construction of 17km of elevated viaduct and 11 stations. Matters in dispute included suspension of the casting yard, compulsory land purchase preventing progress, utility diversions and issues regarding design coordination of concrete structures.

He was additionally appointed as an expert adviser on a Hong Kong tunnelling project, and provided claims analysis and advice to an employer on the merits of the contractor’s claims and engineer’s determinations. The project was delayed by over three years and matters giving rise to delay claims were in relation to construction of both top down and cut and cover tunnel construction.

WWL Ranking: Future Leader

WWL says

Ben Burley stands out in the construction delay space as a leader for his work in a variety of high-value international disputes.

Biography

Ben Burley is a senior director at Ankura, based in Hong Kong. He is an experienced expert, has been appointed as planning expert on over 30 occasions, and been cross-examined in ICC, SIAC, and CIAC arbitrations.

He is a forensic delay analyst who assists clients on domestic and international construction and engineering projects or programmes of work to avoid, mitigate and resolve complex disputes. His clients benefit from his extensive forensic delay, planning, programming and project controls experience. He has developed his skills across a range of key industry sectors including airports, process, off shore oil and gas, rail, civil engineering, industrial, hotels, leisure, commercial office, large mixed-use developments, accommodation, education, custodial and laboratory projects.

Ben has been appointed expert witness relating to time, delay and disruption. He has provided expert reports and oral evidence in support of his opinion to various dispute resolution forums, specifically litigation, arbitration, adjudication and mediation. In addition to cross-examination, Ben is also experienced in witness conferencing or hot-tubbing.

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