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Thought Leaders

Thought Leaders

Franco Mastrandrea

Franco Mastrandrea

HKA11 Pilgrim StreetLondonEnglandEC4V 6RN

Thought Leader

WWL Ranking: Thought Leader

WWL says

Franco Mastrandrea is a “very well-known and very intelligent” expert who receives effusive praise from respondents to our research for his expertise in both quantum and delay matters.

Questions & Answers

Franco has over 35 years of experience in the construction industry, including as expert witness on project management, delay and quantum disputes. He has led and coordinated multidisciplinary expert teams. Franco has given evidence in court and at arbitration in relation to many substantial international construction disputes. He holds a doctorate in the evaluation of construction contractors’ claims. As dispute resolver, Franco regularly acts as mediator, adjudicator, expert determiner or arbitrator.

What has been your most interesting case to date and why?

When I acted as lead expert on a dispute in the Canadian courts in relation to an offshore gas gathering project. HKA specialists acted as quantum, engineering and delay experts. The case involved the experts processing a large volume of information, significant coordination, by me, of expert tasks and interfaces with legal representatives, and the effective presentation of conclusions. The case settled shortly after the publication of experts’ reports, including one from me. 
In what ways has construction expert practice changed since you started practising?

The role of expert is now much better understood. I have noted an increasing and welcome convergence in the standards expected of experts, particularly in the international arena. When I started, it was common only to be cross-examined during a hearing. Now it is increasingly common, particularly in international arbitrations, to be asked to give a presentation of the gist of your evidence, to be cross-examined, and then to engage in witness conferencing (hot tubbing). Additionally, arbitrators are asking for private access to the experts (usually quantum) during their deliberations. All very different skills and behaviours, each with attendant risks. It means that experts, in addition to being masters of the facts and nuances of their reports, need to be much more adaptable.

What do you enjoy most about your current role?

Identifying and managing the big issues in a case, and encouraging and mentoring promising, up-and-coming experts.

There are different but equally satisfying outcomes from getting under the skin of, and unravelling, a complex and varied project dispute; or from seeing an expert assistant who you have worked with over a significant period securing their first named expert appointment and flourishing.

What are the most important trends in the construction sector?

The recording, managing and processing of large amounts of data, which can then be presented succinctly and persuasively. Also important is the enfranchisement of those involved in disputes, by way of timely, cost-effective resolution of said disputes through, for example, processes such as mediation and adjudication.

How has HKA adapted to address the challenges caused by the increased competition in construction?

HKA has responded to this challenge by recognising and promoting the importance of the individual experts and assistant teams, encouraging them to develop within a collegial atmosphere; and by identifying and promoting common expert ethics, principles and standards.   

Where, in your opinion, does the future of the practice area lie?

Increasing the breadth and depth of the expert services delivery. Reducing an often-complex mix of issues involving quantum, engineering, delay and damages experts into a technically integrated service across those disciplines, using a lead coordinator charged with the overall management of the expert delivery.

What advice would you give younger practitioners undertaking their first cross-examination or hot-tubbing proceeding?

Excellent qualifications, relevant experience, hard work, in-depth research and effective analysis are vital precursors to the expression of a persuasive expert opinion. Once you are in front of the tribunal, nerves will disappear and cross-examination will be straightforward – as long as you can be confident in the work you have undertaken beforehand, and you follow these rules: know your report; know your opposing expert’s report; listen to the question; stay calm; and address the tribunal.

You have enjoyed a very distinguished career so far. What would you like to achieve that you have not yet accomplished?

I would like to reflect on my training and experience to date, and perhaps publish some anecdotes and practice pointers on construction disputes.

Global Leader

WWL Ranking: Recommended

WWL says

The established Franco Mastrandrea is a “well-known quantum expert”, recognised for his great depth of knowledge and experience in mediation, arbitration and adjudication.

Biography

Franco is a Chartered Quantity Surveyor and Chartered Arbitrator with over 40 years of experience in the construction industry. He has acted as expert on more than 50 international project management, delay and quantum-related disputes.

Franco’s expert commissions cover a wide range of industries including oil and gas in Australia, Canada, Kazakhstan, North Africa and South East Asia; transport infrastructure in the Caribbean and the UK; power generation, from CCGT to windfarms, in the UK; and numerous building and infrastructure projects around the world.

Franco is widely regarded as an expert who is both well qualified and highly experienced in complex construction issues. He is able to effectively identify the key issues of principle in construction appraisal disputes and provide clients with greater clarity as to project performance. Franco combines management, construction and legal knowledge enabling him to deliver balanced opinions on the performance of those involved in those projects, and objective appraisals of the appropriate or likely outcomes.

From London to Australia and Canada to Antarctica, Franco has extensive and diverse dispute resolution expertise. With an established record in drafting, interpreting and applying commercial terms in contracts, he successfully combines both knowledge and experience under traditional cross-examination and hot-tubbing.

Franco holds a doctorate that addresses the law, practice and quantification of construction claims; is a CEDR accredited mediator; appears on the RICS register of Dispute Board Members and the FIDIC President’s list of adjudicators; he is a Chartered Arbitrator and appears on arbitrator lists maintained by RICS and international arbitration centres in Dubai, Hong Kong and Singapore. He has written extensively on the evaluation of construction claims and is listed in Who’s Who Legal: Construction 2016 as a ‘distinguished expert’ who is ‘an unflappable witness that stands up well to cross-examination’.

WWL Ranking: Recommended

WWL says

Franco Mastrandrea is an established figure in the construction industry, delivering top-tier analysis on construction appraisal disputes and quantum-related issues.

Biography

Franco is a Chartered Quantity Surveyor and Chartered Arbitrator with over 40 years of experience in the construction industry. He has acted as expert on more than 50 international project management, delay and quantum-related disputes.

Franco’s expert commissions cover a wide range of industries including oil and gas in Australia, Canada, Kazakhstan, North Africa and South East Asia; transport infrastructure in the Caribbean and the UK; power generation, from CCGT to windfarms, in the UK; and numerous building and infrastructure projects around the world.

Franco is widely regarded as an expert who is both well qualified and highly experienced in complex construction issues. He is able to effectively identify the key issues of principle in construction appraisal disputes and provide clients with greater clarity as to project performance. Franco combines management, construction and legal knowledge enabling him to deliver balanced opinions on the performance of those involved in those projects, and objective appraisals of the appropriate or likely outcomes.

From London to Australia and Canada to Antarctica, Franco has extensive and diverse dispute resolution expertise. With an established record in drafting, interpreting and applying commercial terms in contracts, he successfully combines both knowledge and experience under traditional cross-examination and hot-tubbing.

Franco holds a doctorate that addresses the law, practice and quantification of construction claims; is a CEDR accredited mediator; appears on the RICS register of Dispute Board Members and the FIDIC President’s list of adjudicators; he is a Chartered Arbitrator and appears on arbitrator lists maintained by RICS and international arbitration centres in Dubai, Hong Kong and Singapore. He has written extensively on the evaluation of construction claims and is listed in Who’s Who Legal: Construction 2016 as a ‘distinguished expert’ who is ‘an unflappable witness that stands up well to cross-examination’.

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