Thought Leaders
Thomas Hofbauer
Thought Leader
Q&A
WWL says
Thomas Hofbauer is extremely “knowledgeable” and impressive” when it comes to complex delay and quantum analysis.Questions & Answers
What have been the most challenging cases you have worked on?
In several cases I acted as a tribunal appointed or single joint expert. Especially in cases where the level and quality of information is inconsistent it is very important to clearly describe your approach and on what information you derived at your conclusion. This is important as the parties may be tactical with additional information and if you receive additional information during the course of the proceeding it is clearly identifiable which information lead to changes in your assessment.
How do you prepare for a testifying case?
I usually prepare an A3 page with all relevant topics shown on a timeline. This allows to see not only the specific topic that is currently discussed but also the context and link to other topics. Internally we call this the “wallpaper”. The rest is going through the reports, attachments and relevant documents once again to remember how they relate to each other.
You have provided evidence in arbitral proceedings in different institutions across the globe. What have been some challenges you have had to overcome due to any differences among the jurisdictions?
I think the most obvious challenge is the different understanding of the role of the expert in different jurisdictions. In some jurisdictions clients do not like the expert to take an impartial standpoint, but once counsel explains that a totally biased report is worthless, clients appreciate a professional analysis of the matter.
In which areas of your practice have you seen an uptick or downturn in recently? What do you think is driving this?
We have not experienced any uptick or downturn recently and have been very busy with ongoing and new cases since we are in the covid-19 environment. I expect that in challenging times contractors and clients will be very focused on an efficient project execution and if this is hindered, they will need to defend their position in negotiations or before a court.
To what extent can virtual hearings be relied on to decide high-stakes multibillion-dollar cases between parties?
It depends on the complexity of the matter and the number of documents you need to work with in the hearing. There is a lot of positive feedback to virtual hearings, however, for construction disputes with long hearings over several days including expert conferencing I find personal hearings more appropriate.
Where do you see the construction industry heading in this covid-19 environment? What does this mean for experts and consultants?
Obviously, the construction industry will be differently affected in different countries. I expect that we’ll see disruption and delay disputes in connection to the pandemic. This may be driven because of clients delaying the project on the back of covid-19 or because of contractors suffering from disruption because of circumstances caused by it. It is important for contractors to keep detailed records of work undertaken and hindrances they experience during project execution.
How would you like to develop your practice in the next five years?
The first and most important goal is to see more younger practitioners to act as experts and give them the opportunity to testify. My second goal is to further develop our expertise in applying technology to further increase our capability to analyse the most complex cases in a quick and efficient manner.
What advice would you give younger practitioners undertaking their first cross-examination?
Be prepared but do not expect to know every single answer on the spot. Take your time to find all the information you need to give the answer.
Global Leader
Professional Biography
WWL says
Thomas Hofbauer is described by peers as "a sharp thinker with impressive presentation skills" and specialises in both delay and quantum matters.
Biography
Thomas Hofbauer, a senior managing director at FTI Consulting and a member of the forensic and litigation consulting practice, is based in Munich.
Thomas is a civil engineer with over 20 years of experience in the construction and engineering industries. He acts as both delay and quantum expert, in English and German-language disputes, and has been commissioned as expert on more than 10 occasions.
Thomas is a member of the Bavarian Chamber of Engineers, with a background in strategic procurement, commercial management and contract management for buildings, infrastructure, industrial, IT, power and rolling stock projects across Europe. His contract and claims management activities range from contract advice through to final account settlement.
As an expert witness and adviser, Thomas is keen to help the parties to understand the particulars of each case to best inform their decisions and to help take complex issues and questions and provide simple and clear answers. He specialises in contract and risk analysis and in delivering project audits to assess delay, disruption, damages and cost for projects up to US$2 billion and disputed values in excess of US$500 million. Thomas has given evidence in arbitral proceedings at the ICC in Paris, the VIAC in Vienna and the SCAI in Zurich. He has also acted as expert for disputes across Europe, as well as in China, India, Russia, South Africa, Turkey and Saudi Arabia.
Thomas lectured on international project management at the University of Applied Sciences in Stuttgart for more than four years, and continues to regularly advise clients, within the German-speaking countries, on a variety of large-scale, national and international projects.
Professional Biography
WWL says
Thomas Hofbauer is extremely "knowledgeable" and impressive" when it comes to complex delay and quantum analysis.
Biography
Thomas Hofbauer, a senior managing director at FTI Consulting and a member of the forensic and litigation consulting practice, is based in Munich.
Thomas is a civil engineer with over 20 years of experience in the construction and engineering industries. He acts as both delay and quantum expert, in English and German-language disputes, and has been commissioned as expert on more than 20 occasions.
Thomas has a background in strategic procurement, commercial management and contract management for buildings, infrastructure, industrial, IT, power and rolling stock projects across Europe. His contract and claims management activities range from contract advice through to final account settlement.
As an expert witness and adviser, Thomas is keen to help the parties to understand the particulars of each case to best inform their decisions and to help take complex issues and questions and provide simple and clear answers. He specialises in contract and risk analysis and in delivering project audits to assess delay, disruption, damages and cost, for projects up to €2 billion and disputed values in excess of €500 million. Thomas has given evidence in arbitral proceedings at the ICC in Paris, the VIAC in Vienna and the SCAI in Zurich and acted as expert for disputes in Austria, Belgium, Bulgaria, China, Finland, France, Germany, India, Macedonia, Russia, Serbia, South Africa, Switzerland, Turkey, Saudi Arabia, United Kingdom and the United States.
Thomas lectured on international project management at the University of Applied Sciences Stuttgart for more than four years and continues to regularly advise clients, within German-speaking countries, on a variety of large-scale, national and international projects.
Professional Biography
WWL says
Thomas Hofbauer is widely admired by sources who highlight his "hands-on approach" and his "calm and convincing" manner in cross-examinations.
Biography
Thomas Hofbauer, a senior managing director at FTI Consulting and a member of the forensic and litigation consulting practice, is based in Munich.
Thomas is a civil engineer with over 20 years of experience in the construction and engineering industries. He acts as both delay and quantum expert, in English and German-language disputes, and has been commissioned as expert on more than 20 occasions.
Thomas has a background in strategic procurement, commercial management and contract management for buildings, infrastructure, industrial, IT, power and rolling stock projects across Europe. His contract and claims management activities range from contract advice through to final account settlement.
As an expert witness and adviser, Thomas is keen to help the parties to understand the particulars of each case to best inform their decisions and to help take complex issues and questions and provide simple and clear answers. He specialises in contract and risk analysis and in delivering project audits to assess delay, disruption, damages and cost, for projects up to €2 billion and disputed values in excess of €500 million. Thomas has given evidence in arbitral proceedings at the ICC in Paris, the VIAC in Vienna and the SCAI in Zurich and acted as expert for disputes in Austria, Belgium, Bulgaria, China, Finland, France, Germany, India, Macedonia, Russia, Serbia, South Africa, Switzerland, Turkey, Saudi Arabia, United Kingdom and the United States.
Thomas lectured on international project management at the University of Applied Sciences Stuttgart for more than four years and continues to regularly advise clients, within German-speaking countries, on a variety of large-scale, national and international projects.
National Leader
Professional Biography
WWL says
Thomas Hofbauer is held in high esteem for his “impressive analytical skills” by sources who consider him “very strong in oral presentations”.
Biography
Thomas Hofbauer, a senior managing director at FTI Consulting and a member of the forensic and litigation consulting practice, is based in Munich.
Thomas is a civil engineer with over 20 years of experience in the construction and engineering industries. He acts as both delay and quantum expert, in English and German-language disputes, and has been commissioned as expert on more than 10 occasions.
Thomas is a member of the Bavarian Chamber of Engineers, with a background in strategic procurement, commercial management and contract management for buildings, infrastructure, industrial, IT, power and rolling stock projects across Europe. His contract and claims management activities range from contract advice through to final account settlement.
As an expert witness and adviser, Thomas is keen to help the parties to understand the particulars of each case to best inform their decisions and to help take complex issues and questions and provide simple and clear answers. He specialises in contract and risk analysis and in delivering project audits to assess delay, disruption, damages and cost for projects up to €2 billion and disputed values in excess of €500 million. Thomas has given evidence in arbitral proceedings at the ICC in Paris, the VIAC in Vienna and the SCAI in Zurich and has acted as expert for disputes in Austria, China, France, Germany, Russia, South Africa, Switzerland, Turkey, Saudi Arabia and the United Kingdom.
Thomas lectured on international project management at the University of Applied Sciences Stuttgart for more than four years and continues to regularly advise clients in German-speaking countries on a variety of large-scale, national and international projects.
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