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Thought Leaders

Thought Leaders

Garry Crossley

Garry Crossley

FTI Consulting8 Shenton Way#32-03SingaporeSingapore068811

Thought Leader

WWL Ranking: Global Elite Thought Leader

WWL says

Garry Crossley is a distinguished figure in the region with a “great track record” who is “really rated” for his deep understanding of delay claims.

Questions & Answers

The views expressed herein are those of the author and not necessarily the views of
FTI Consulting, Inc, its management, its subsidiaries, its affiliates, or its other professionals.

Mr Crossley is a senior managing director in the construction solutions practice of FTI Consulting in Singapore. Mr Crossley advises on the effective planning and management of complex projects and has over 30 years’ experience of major civil engineering, process and building-related projects throughout Asia, the Middle East, Europe and Africa. Mr Crossley has extensive experience in the evaluation of project delays, disruption and acceleration, and has acted as delay expert in numerous international construction arbitrations and has given evidence in international hearings on many occasions.

What attracted you to a career as a construction expert?

For the first 15 years of my career I was advising clients (which I still do) internationally on project and programme delivery, strategic issues, contractual risks, contract strategy and due diligence in the building and construction, infrastructure, transportation, utilities, oil and gas, petrochemicals and aerospace sectors throughout Asia, the Middle East, Eastern and Western Europe and Africa.

My experience on international projects includes assisting owners, contractors and subcontractors with the effective planning and management of complex projects throughout the pre-construction and construction phases. I have also gained extensive experience in the preparation and review of delay claims, and the evaluation of project progress programmes and other documents for the determination of project delays, disruption and acceleration, including the analysis and development of original as-planned programmes, the development and review of as-built programmes, and determination of the causes of delay and the effects of delay.

As a natural progression, and on the basis of my experience and expertise, I became interested in the challenges that go with dispute appointments on major engineering and construction projects acting as an expert witness in international arbitrations.

What did you find most challenging about starting out in the field?

Balancing two opposing roles. The first involves proactively assisting clients in the effective planning and management of complex projects, identifying practical solutions to the challenges of uncertainty and risk, and so avoiding disputes before it is too late. The second relates to projects where it is too late and on which I have had no prior involvement, reactively acting as an independent expert in formal dispute proceedings where the parties involved directly or indirectly – whether they are the funders, the owner, the consultants, the main contractor or the subcontractors/suppliers – have all failed to fully understand and appreciate their roles, responsibilities and obligations, and to execute them in a proper manner.

How has your role as a construction expert changed since you started practising?

Tribunals are now more proactive in directing the experts to discuss and agree as much as possible before the hearing, particularly in respect of the methodology to be used for any analysis, and then make as many agreements on such matters as they reasonably can through without-prejudice expert meetings and joint expert reports; after this, the experts can exchange reports limited only to those matters upon which they are unable to agree.

Tribunals are also more focused on the role of the construction expert, and in particular, the construction expert’s independence, ability to appreciate and understand opposing views, and ability to be balanced by a willingness to consider alternative opinions, approaches and data.

What advice would you give to someone starting out as a construction expert?

Ensure that you adhere to these four key aspects that will be expected of you when acting as a construction expert. First, credibility – you must possess deep industry knowledge and technical skills, and have relevant and recent first-hand experience. Second, effective communication – the ability to communicate complex issues simply and in a concise manner, both via the written word and the spoken word. Third, independence – the ability to appreciate and understand opposing views, and be balanced by a willingness to consider alternative opinions, approaches and data. And finally, preparedness – the ability to pay attention to detail, and be consistent and confident.

Thought Leaders - Arbitration Expert Witnesses 2020
WWL Ranking: Thought Leader
Thought Leaders - Construction Experts 2020

Q&A

WWL Ranking: Thought Leader

WWL says

Garry Crossley boasts a “great track record” in the market and has a renowned reputation as “one of the best” in Singapore. He is recognised as one of our Global Elite Thought Leaders.

Questions & Answers

Mr Crossley is a senior managing director in the construction solutions practice of FTI Consulting in Singapore, advises on the effective planning and management of complex projects, and has over 30 years’ experience of major civil engineering, process and building-related projects throughout Asia, the Middle East, Europe and Africa. Mr Crossley has extensive experience in evaluating project delay, disruption and acceleration, and has acted as delay expert in numerous international arbitrations, giving evidence on many occasions.

What do you enjoy most about working in construction?

Assisting clients in the effective planning and management of complex projects, identifying practical solutions to the challenges of uncertainty and risk, and so avoiding, or at least resolving, disputes before it is too late.

You have acted as an expert witness in both arbitration and litigation proceedings. What have you learnt from these different dispute resolution mechanisms?

Arbitral Tribunals are now more proactive than ever before in directing the experts to discuss and agree as much as possible before the Hearing, particularly in respect of the methodology to be used for any analysis, and then make as many agreements on such matters as they reasonably can through without prejudice expert meetings and joint expert reports; after which, the experts can then exchange reports limited only to those matters upon which they are unable to agree on.

Arbitral Tribunals are also now more focused on the role of the construction expert, and in particular the construction expert’s independence, ability to appreciate and understand opposing views, and ability to be balanced by a willingness to consider alternative opinions, approaches, and data.

It has been noted that mediation is increasingly being used to resolve construction disputes. Why do you think it is becoming more popular as a form of dispute resolution?

Construction disputes are still taking too long to litigate or arbitrate, at significant cost to the parties; both in terms of money and management time. Mediation offers an early opportunity to resolve construction disputes and so minimise the commercial impact of long and costly litigation or arbitration to the parties.

Where do you see the construction industry heading in this covid-19 environment? What does this mean for experts and consultants the industry?

Construction projects have always been a fertile field of endeavour, ripe for disputes – even before covid-19 appeared. There are many parties involved in a construction project and the opportunity for things to go awry is significant – particularly with the impact that covid-19 is having on the entire supply-chain. However, many disputes will still be self-inflicted irrespective of the covid-19 environment. All stakeholders involved directly or indirectly in a construction contract, whether they be the Funders, the Owner, the Consultants, the Main Contractor or the Subcontractors/Suppliers, will still need to fully understand and appreciate their roles, responsibilities and obligations – and execute them in a proper manner whilst managing the ever-changing environment that is manifesting itself continuously during this covid-19 crisis.

What do you think will be the greatest challenges facing construction experts over the next five years and how will you ensure you are prepared to face them?

Balancing the two opposing roles of (1) proactively assisting clients in the effective planning and management of complex projects, identifying practical solutions to the challenges of uncertainty and risk, and so avoiding disputes before it is too late; and (2) on those other projects where it is too late and on which the expert has had no prior involvement, reactively acting as an independent expert in formal dispute proceedings where the parties involved, directly or indirectly, whether they be the Funders, the Owner, the Consultants, the Main Contractor or the Subcontractors/Suppliers, have all failed to fully understand and appreciate their roles, responsibilities and obligations – and execute them in a proper manner.

What is the best piece of career advice you have ever received?

Ensure that you adhere to these four key aspects that will be expected of you when acting as a construction expert:

Credibility – possess deep industry knowledge and technical skills, and have relevant and recent first-hand experience. 

Effective Communication – have the ability to communicate complex issues simply and in a concise manner, both via the written word and the spoken word. 

Independence – possess the ability to appreciate and understand opposing views, and be balanced by a willingness to consider alternative opinions, approaches, and data.

Preparedness – have the ability to pay attention to detail, and be consistent and confident.

Global Leader

WWL Ranking: Global Elite Thought Leader

WWL says

Garry Crossley has vast experience testifying in an arbitration setting and is recognised in the construction field as a world-leading expert on delay issues. ​

Biography

Garry Crossley is a senior managing director in the construction solutions practice of FTI Consulting and is based in the Singapore office.

Mr Crossley advises clients internationally on project and programme delivery, strategic issues, contractual risks, contract strategy and due diligence and has over 30 years' experience in the building and construction, infrastructure, transportation, utilities, oil and gas, petrochemicals and aerospace sectors throughout Asia, the Middle East, Eastern and Western Europe, and Africa.

Mr Crossley's experience on international projects includes assisting contractors and employers with the effective planning and management of complex projects throughout the pre-construction and construction phases. Mr Crossley also has extensive experience in the preparation and review of delay claims, evaluation of project progress, programmes and other documents for determination of project delays, disruption and acceleration, including the analysis and development of original as-planned programmes, developing and reviewing as-built programmes and determining causes and effects of delay.

Mr Crossley has been appointed on numerous international engineering and construction disputes, acting as expert witness in international arbitration proceedings, and has given evidence on many occasions. He is a member of the Royal Institution of Chartered Surveyors and a practising member of the Academy of Experts.

WWL Ranking: Global Elite Thought Leader

WWL says

Garry Crossley boasts a “great track record” in the market and has a renowned reputation as “one of the best” in Singapore. He is recognised as one of our Global Elite Thought Leaders.

Biography

Garry Crossley is a senior managing director in the construction solutions practice of FTI Consulting and is based in the Singapore office.

Mr Crossley advises clients internationally on project and programme delivery, strategic issues, contractual risks, contract strategy and due diligence. He has over 30 years' experience in the building and construction, infrastructure, transportation, utilities, oil and gas, petrochemicals and aerospace sectors throughout Asia, the Middle East, Eastern and Western Europe, and Africa.

Mr Crossley's experience on international projects includes assisting contractors and employers with the effective planning and management of complex projects throughout the pre-construction and construction phases. Mr Crossley also has extensive experience in the preparation and review of delay claims; evaluation of project progress, programmes and other documents for determination of project delays; disruption and acceleration, including the analysis and development of original as-planned programmes; developing and reviewing as-built programmes; and determining the causes and effects of delay.

Mr Crossley has been appointed on numerous international engineering and construction claims and disputes, acting as expert adviser and expert witness in international arbitration proceedings. He has given evidence on many occasions, including witness conferencing. He is a member of the Royal Institution of Chartered Surveyors and a practising member of the Academy of Experts.

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