Michael Tonkin BSc PGDipArb FRICS FCIArb FCIOB FDBF MAE CArb is a Chartered Quantity Sruveyor, Chartered Arbitrator, CEDR Accredited Mediator, RICS Accredited Expert Witness and testifying Expert Witness in quantum with 30 years of experience in the construction industry. He leads HKA’s Expert Services practice for the Middle East, Asia & Africa.

Michael has provided commercial advice to a variety of clients on a wide range of projects including residential, commercial, hotels, schools, MEP, wastewater treatment works, pipe laying, water, power plant, civils, building, leisure, oil & gas, regeneration, major sports venues, roads and highways.

He acts as an expert witness in quantum (testified 11 times) and has been instructed around forty times as a party appointed Expert Witness, a single joint Expert Witness and a Third Party Expert Evaluator on disputes up to US$4bn in value. He has given oral testimony in traditional cross-examination as well as concurrent evidence/hot-tubbing. Michael often acts as “Coordinating Expert” across several disciplines of expert. He is named in Who’s Who Legal (WWL) Global Leader – Construction Expert Witness 2020.

Michael has been appointed as Arbitrator on more than 60 occasions (as sole Arbitrator, Chariman of a tribunal of three, and Co-Arbitrator) under the auspices of ICC, LCIA, DIAC, ADCCAC and the TAI. He is a listed panel member for the following arbitral institutions: DIAC. LCIA, ADCCAC, ADGM, QICCA, CIArb, RICS President’s Panel, HKIAC, SIAC, KCAB, KLRCA, EMAC and TAI.

He also acts as dispute resolver in other ADR such as adjudication and DAB’s and is a member of the DRBF.

Michael is an “Arbitrator” Member of the Society of Construction Arbitrators and the current Honorary Treasurer. He is the current Honorary Secretary of the Chartered Institute of Arbitrators having perviously been a Trustee and Honorary Treasurer, as well as a past Chairman and past Vice Chairman of the UAE Branch. Michael is a committee member of the Academy of Experts.

RECENT EXPERT APPOINTMENTS

• LNG Project, Australia – Quantum Expert for Subcontractor relating to the final account including variations, prolongation and disruption. Testified.
• Sewerage Project, Middle East – Quantum Expert for Employer relating to the final account with its Engineer. Claims included prolongation and variations. Testified.
• Major International Airport – Quantum Expert for Subcontractor across numerous packages of work
• People Mover System, Middle East – Quantum Expert for Employer defending claims from JV Main Contractor.
• Oil and Gas, Middle East – Quantum Expert for Employer defending claims from Main Contractor.
• Marine Terminal – Quantum Expert for Main Contractor bringing claims against Employer following termination.
• Major Hotel, UAE – Quantum Expert for Employer defending claims from Main Contractor. Final account including prolongation and disruption.
• Water Storage Facility, Middle East – Quantum Expert for Employer defending final account claims from Main Contractor.
• Casino, Asia – Quantum Expert for Main Contractor defending final account arbitrations from several Subcontractors.
• Unique Sewerage Project, Middle East – Quantum Expert for Employer following termination of a contract
• Large Residential Project, UAE – Quantum Expert for Employer. Testified.
• Military Base, Asia – Quantum Expert for Subcontractor defending a termination claim from the Main Contractor. Testified.
• Large Multi-Use Development, UAE – Quantum Expert for Employer defending claims from sub-developers.
• Major Road and Infrastructure Project, Middle East – Quantum Expert for Main Contractor relating to a termination account with a Subcontractor. Testified.
• Pipeline Project, Saudi Arabia – Quantum Expert for Contractor defending a claim from a third party in two hearings. Testified.
• Oil & Gas pipeline project (offshore), India – Quantum Expert for a Contractor bringing a claim for delay and disruption.
• Desalination Plant, Middle East – Quantum Expert for Subcontractor claiming from Main Contractor.
• Irrigation Pipelines Project, UAE – Quantum Expert for Employer defending a final account claim from a Main Contractor.
• Large Multi-use Development, UAE – Quantum Expert for Employer defending a loss claim from a sub-developer. Testified.
• Residential Development, Bahrain – Quantum Expert for Contractor bringing a termination claim against a Developer. Testified.
• Infrastructure Project, Hong Kong – Quantum Expert for Employer defending a claim from a Main Contractor.
• Residential Towers, UAE – Third Party Neutral Expert Evaluator of a final account considering delay, quantum, contract and engineering matters.
• Large Residential Towers Development, UAE – Quantum Expert for Contractor bringing a termination claim against a Developer. Testified.
• Large Residential Villas Development, UAE – Quantum Expert for Contractor bringing a termination claim against a Developer.
• Residential Towers, Malaysia – Quantum Expert for Employer defending a final account claim from the Main Contractor including substantial defects. Testified.
• Car Showroom, Qatar – Quantum Expert for Employer defending a final account claim from the Main Contractor.
• Commercial Facilities, UAE – Quantum Expert for Contractor defending a final account claim from a Subcontractor.
• Office Development, Abu Dhabi – Quantum Expert for Employer defending a final account claim from the Main Contractor.
• Large Shopping Mall, UAE – Third Party Neutral Expert Evaluator of a final account considering delay, quantum, contract and engineering matters.
• Numerous Projects – Coordinating Expert on numerous infrastructure and building projects, up to US$300m.
• Residential and Commercial, UK – Quantum Single Joint Expert for a County Court, concerning the final account and defective works.

RELEVANT EXPERIENCE

POWER & UTILITIES

WASTEWATER

Water Companies, UK, Various Projects up to £200m (2000-2004)
Pre- and post-contract quantity surveying services, claims support, adjudication and arbitration for several water companies on projects ranging from pipe laying to new wastewater treatment works.

POWER STATIONS

Two Major Coal Powered Stations, Africa (2016-2018)
Coordinating Expert for numerous experts for numerous dispute board referrals addressing mainly prolongation and disruption.

Two Major Coal Powered Stations, Africa (2019 to date)
Ongoing expert/advisory work involving numerous packages and covering many heads of claims.

Gas Turbine Plant, Estonia, Value US$400m (2013)
Appointed by the Contractor to review their claims under an EPC Contract.

Nuclear Power Station (2017)
Expert advisor on quantum to main Contractor on substantial disputes in arbitration including prolongation, disruption, acceleration and variations. Led a large quantum team.

WATER

Strategic Water Storage and Recovery Project, Middle East, Value AED1.6bn (2019)
Appointed as quantum Expert to provide a preliminary detailed evaluation of the Contractor’s claims. The claims included variations, prolongation costs, financing charges and a re-measurement of the bill of quantities. Value in dispute AED1.5bn.

DESALINATION PLANT

Desalination Plant, Middle East, Value €7m (2016)
Appointed as quantum Expert by a specialist equipment supplier in an ICC arbitration in respect of a claim brought by an EPC Contractor. Value in Dispute €2m.

TRANSPORTATION INFRASTRUCTURE

ROADS & HIGHWAYS

Major Road and Infrastructure Project, Middle East, Value US$40m (2017-2018)
Appointed as quantum Expert by a Main Contractor defending claims from a Subcontractor following termination of the account, as well as opining on counterclaims (costs to complete). Value in dispute US$50m.

Major Road and Infrastructure Project, Middle East, Value US$480m (2014-2016)
Retained over a period of two years to provide DAB management and Expert Advisory services on a major road and infrastructure project in the Middle East, project value US$480m. This involved managing a team of 5-10 people. Numerous claims. Value in dispute US$250m.

Extension of Footbridge Network, Hong Kong, Value HK$120m (2016)
Appointed by the government as quantum Expert to opine on the Contractor’s quantum claims with the aim of facilitating negotiations prior to formal arbitration proceedings. Value in dispute HK$115m.

Waterfront Regeneration, UK, Value £7m (2002)
Pre- and post-contract quantity surveying services.

AIRPORT

Major Airport Terminal, Middle East, Value US$3bn (2017)
Led a team of 12 consultants providing an independent Expert assessment of the claims arising out of the contract to assist the parties in settling their disputes. Value in dispute US$1bn.

Major Airport, Middle East (2012)
Arbitrator in a dispute relating to a major subcontract package. Value in dispute US$15m.

Dubai Airport Mega Cargo Terminal, Dubai, UAE (2004-2005)
Pre-contract quantity surveying services.

ELECTRICITY SUBSTATIONS

SWALEC, Wales, UK (1996-2002)
Quantity Surveyor managing a measured term contract for several years for civils works associated with electricity power stations.

Major Power Company, Europe and Africa (1998-2000)
Quantity Surveyor managing a measured term contract for several years for civils works associated with electricity power stations.

RESOURCES

Replacement of Containment Storage Tanks, Middle East, Value US$500m (2016)
Appointed by the Owner to provide an independent review and assessment on materials which cracked during construction together with all delays on the project and an assessment of the Contractor’s likely entitlement to prolongation costs.

LPG Train-4 Plant, Middle East, Value US$900m (2016)
Appointed by the Owner to provide opinion on contractual, delay and quantum matters including variations.

Oil Fields, Iraq, Value US$50m (2016)
Appointed by the Employer to carry out various independent review of the Contractor’s claims on two projects including variations, disruption and prolongation.

Acid Gas Removal Plant, Kuwait, Middle East, Value US$450m (2014)
Appointed by the Owner to provide a detailed assessment of the Contractor’s entitlement to additional time and money under an EPC contract. Value of Dispute US$50m.

Expansion Project, Saudi Arabia, Value £60m (2013)
Appointed by the Owner to prepare its claim in respect of additional costs incurred due to the Contractor’s performance and breaches of its obligations under tow EPC contracts. Value of claim US$158m.

National Oil Company, Middle East (2011)
Providing arbitration support services on an ICC arbitration dealing with matters such as prolongation, disruption and variations.

PIPELINES

Laying and Completion of 39 Pipeline Segments (210km), India, Value US$600m (2017)
Appointed as quantum Expert by the Claimant and Contractor in arbitration proceedings in respect of additional works. Claims included prolongation and disruption. Value in dispute US$40m.

Laying and Completion of 6 Pipeline Segments (75km), India, Value US$75m (2017)
Appointed as quantum Expert by the Claimant and Contractor in arbitration proceedings in respect of additional works. Claims included prolongation and disruption. Value in dispute US$40m.

Laying and Completion of 11 Pipeline Segments (70km), India, Value US$50m (2017)
Appointed as quantum Expert by the Claimant and Contractor in arbitration proceedings in respect of additional works. Claims included prolongation and disruption. Value in dispute US$40m.

Water Pipeline, Saudi Arabia, Middle East, Value US$238m (2015-2016)
Appointed by one party of a joint venture as a quantum Expert in respect of a claim brought by the other party to the joint venture. Claims included variations, disruption, and valuation of the works. Value in dispute US$200m.

Irrigation Pipeline, UAE, Value AED275m (2014-2015)
Appointed as quantum expert by the Respondent and employer in arbitration proceedings in respect of the valuation of the final account dispute. Claims included prolongation, disruption, variations, valuation of the works and escalation. Value in dispute AED275m.

Pipework, Kingdom of Saudi Arabia, Middle East, Value SAR25m (2013)
Retained by a subcontractor to prepare claims for prolongation and variations.

BUILDINGS

COMMERCIAL

Office Head Quarters, UAE, Value AED405m (2016)
Appointed as quantum Expert by the Employer to review the Contractor’s claim for additional costs in relation to the construction of new office headquarters. Value in dispute AED160m.

Office Tower, Dubai, UAE, Value AED350m (2015)
Jointly appointed by a Developer and a Contractor to carry out a third party detailed Expert evaluation on matters of contract, quantum and delay. Led a team of seven people dealing with claims such as prolongation, disruption, variations and subcontractor claims. Value in dispute (claims and counterclaims) circa AED300m.

Car Showroom, Qatar, Middle East (2014)
Provided opinion on the estimated cost of building car showrooms on behalf of the Claimant car distributor in an ICC arbitration following termination of the general distribution agreement. Value in dispute US$15m.

Landmark Trade Centre and Commercial Building, Middle East, US$100m (2010)
Leading a team of consultants addressing various disputes, including prolongation, in several dispute forums.

Factories (Numerous), Wales, UK, Value up to £2m (1995-2004)
Pre- and post-contract quantity surveying services.

HIGH RISE

ICC Arbitration, Middle East, Value AED600m (2015-2016)
Arbitrator in a complex dispute with many heads of claim including prolongation, disruption, variations and defects. Value in dispute US$150m.

MAJOR MIXED-USE

Major Mixed-Use Development, UAE (2015-2016)
Appointed by a Master Developer as quantum Expert in arbitration proceedings in respect of a claim brought by a sub-developer. Various claims including construction costs and project delays. Value in dispute over US$2bn.

Landmark Multi-Use Development, Dubai, UAE, Value AED9bn (2010-2014)
Independent financial and contract Advisor.

Dubai World Trade Centre, UAE (2008)
Numerous projects including contract negotiation of steel framed 1.1km long exhibition halls and extension of existing exhibition halls.

City of Arabia, UAE, Value AED35bn (2005-2008)
Working on a two square kilometre, AED35bn project within Dubailand. The development comprised retail, leisure, residential in towers and villas, office towers, a theme park, restaurants, hotels, common facilities such as district cooling and substations and various community facilities.

EDUCATION

Construction of New School, UAE, Value AED335m (2015)
Acted as coordinating Expert for delay, quantum and architectural experts. Value in dispute AED33m.

Dubai English Speaking School, UAE, Value AED65m (2005)
Pre-contract quantity surveying services.

Refurbishment of Several University Facilities, Cardiff, UK (1996-2004)
Pre- and post-contract quantity surveying services.

Two Nursery Schools, Ireland (2002)
Pre- and post-contract quantity surveying services.

Construction of  a Higher Education Facility, Cardiff, UK (2000)
Pre- and post-contract quantity surveying services.

HEALTHCARE

St Bartholomew’s Hospital, UK (2000)
Pre- and post-contract quantity surveying services for a major refurbishment project.

HOTELS

5 Star Hotel, UAE, Value AED200m (2015)
Acting as coordinating Expert for delay, quantum and architectural experts for a Respondent Developer with disputes such as prolongation, disruption and defects. Value in dispute AED100m.

Landmark Hotel, Dubai, UAE (2012)
Sole Arbitrator in a dispute related to a subcontract package.

Hotel and Residence Project, UAE, Value AED640m (2011)
Acted for the Owner in defending major prolongation and disruption claims and prepared the Owner’s counterclaims.

RESIDENTIAL

Residential Development, Bahrain, Value BD53m (2015-2016)
Appointed as quantum Expert by the Claimant Contractor in an ICC arbitration, relating to the Contractor’s termination for non-payment by the Employer, on a residential villa development in Bahrain. Matters included full valuation of the works upon termination, disruption and termination. Value in dispute BD14m.

Residential Towers, Kuala Lumpur, Value RM166m (2014-2015)
Appointed quantum Expert by the Respondent Developer addressing issues such as defects and prolongation. Value in dispute RM100m.

Residential Towers, Dubai, UAE, Value AED1bn (2013)
Appointed as quantum Expert by the Claimant Main Contractor, relating to the Employer’s termination for convenience. Value in dispute AED220m.

Major Commercial Buildings, Dubai, UAE (2012)
Appointed by the Contractor to provide contractual advice and carry out a full MEP site measure following termination.

Residential Tower, Dubai, UAE, Value AED224m (2011)
Appointed by the client to provide a report on the performance of the Architect/Engineer under a professional services contract and any resulting damages.

Residential Towers, Dubai, UAE, AED150m (2004-2005)
Post-contract quantity surveying services.

Unique Villa, G17 The World, UAE, AED50m (2004)
Post-contract quantity surveying services.

Gold Club & 200 Homes, Wales, UK, £25m (2002-2004)
Pre- and post-contract quantity surveying services of a golf club and 200 residential homes. ECC target price contract.

Marks Davis Partnership, Cardiff, UK (1989-1996)
Pre- and post-contract quantity services on a substantial number of residential projects.

RETAIL

Shopping Mall, Dubai, UAE, Value AED3.5bn (2006-2007)
Led extensive negotiations on behalf of a Developer with a JV. The negotiations involved preparation of a target price contract, risk workshops and registers, jointly developing programmes, value engineering and contract negotiations.

Major Shopping Mall, Dubai, UAE (2005)
Independent assessment of a final account including claims for a major shopping mall: civils and MEP only. Value in dispute AED160m.

Outlet Mall, Cardiff, UK, £5m (2002)
Pre- and post-contract quantity surveying services.

SPORTS

Landmark Sports Complex, UAE, Value AED800m (2012)
Led a team preparing a claim against a Contractor. Value of claim AED110m.

Machynys Gold Club, Wales, UK, Value £2m (2003)
Pre-contract quantity surveying services.

Burntwood Leisure Centre, Lichfield, UK, Value £7m (2001)
Pre- and post-contract quantity surveying services including value engineering

EMPLOYMENT RECORD

• HKA Dubai, UAE, Partner: 2017 – Present
• Hill International, Dubai, UAE, Senior Vice President: 2010-2016
• Dubai World Trade Centre, Dubai, UAE, Head of Contracts / Senior Contracts Manager: 2008-2009
• IMGG (following secondment), Dubai, UAE, Vice President – Commercial: 2005-2008
• Davis Langdon, Dubai, UAE, Senior Cost Manager: 2004-2005
• ChandlerKBS, Cardiff, UK, Senior Cost Manager: 1996-2004
• The Marks Davis Partnership, Cardiff, UK, Quantity Surveyor: 1989-1996