Garry Crossley
Office:
8 Shenton Way
#32-03
AXA Tower
068811
City:
Singapore
Country:
Singapore
Tel:
+65 6831 7822

Questions and Answers:

Who's Who Legal Thought Leaders Global Elite

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 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 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 on.

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.

Who's Who Legal Thought Leaders - Construction

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

Mr Crossley is a managing director in the construction solutions practice of FTI Consulting in Singapore. He 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.

Describe your career to date.

For the past 30 years I have been advising clients 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 has included 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, 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, developing and reviewing as-built programmes, and determining the causes and effects of delay.

I have also been responsible for numerous international dispute and claim appointments on major engineering and construction projects, acting as expert adviser and expert witness in all phases of the arbitration process – including preparation and exchange of reports – and I have also given evidence at international hearings, including witness conferencing, on many occasions.

What qualities make for a successful construction expert?

I would highlight four qualities.

First, credibility: the expert 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, via both the written word and the spoken word.

Third, independence: they must have the ability to appreciate and understand opposing views, and be balanced by a willingness to consider alternative opinions, approaches, and data.

Finally, preparedness: the ability to pay attention to detail, and be consistent and confident.

What aspects of your work do you find the most enjoyable?

I enjoy 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.

What makes FTI Consulting stand out from competitors in the market?

Our construction solutions practice provides a leading team of experienced expert witnesses. We help to resolve disputes in litigation, arbitration and expert determination throughout the world.

Our team has in-depth experience of preparing and evaluating claims, analysing delays and costs, and giving evidence in court and arbitral panels on contractual, delay and quantum matters.

Each of our practitioners knows from direct experience what is required to meet the duties of an expert witness. They know what it takes to help the court or tribunal through the presentation of oral evidence and under cross-examination. All of our practitioners have considerable experience in preparing written evidence for use by courts and tribunals.

What trends are you noticing in the types of disputes currently going to arbitration?

Disputes are increasing in overall value in the context of the monies in dispute, they are still taking too long to arbitrate, and the common cause of the dispute is still a failure of all parties to the construction contract to properly understand and appreciate their roles, responsibilities and obligations.

How can clients minimise the risk of disputes arising?

Construction projects are a fertile field of endeavour, ripe for disputes. There are many parties involved in a construction project and the opportunity for things to go awry is significant. However, many disputes are self-inflicted. All stakeholders involved directly or indirectly in a construction contract, whether they are the funders, the owner, the consultants, the main contractor or the subcontractors/suppliers, need to fully understand and appreciate their roles, responsibilities and obligations – and execute them in a proper manner.

Biographies:

Who's Who Legal Arbitration: Expert Witnesses

Garry Crossley is a 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 practicing member of the Academy of Experts.

WWL says: Garry Crossley is an "outstanding all-round" practitioner who has particularly extensive experience in the construction sector as a delay expert.

This biography is an extract from Who's Who Legal: Arbitration which can be purchased from our Shop.

Who's Who Legal Construction: Expert Witnesses

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.

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.

This biography is an extract from Who's Who Legal: Construction which can be purchased from our Shop.

Who's Who Legal Consulting Experts: Experts - Construction - Quantum & Delay

Garry Crossley is a 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 says: Garry Crossley draws praise for his “fantastic expertise” in the construction sector. He has nearly 30 years’ experience and has evaluated claims spanning European, Middle Eastern, African and Asian markets.

This biography is an extract from Who's Who Legal: Consulting Experts which can be purchased from our Shop.

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