Paul McArd
Managing Director
BSc (Hons) Quantity Surveying, LLM Construction Law and Arbitration, Chartered Quantity Surveyor (FRICS) Fellow of the Australian Institute of Quantity Surveyor (FAIQS) and Certified Quantity Surveyor (CQS), Member of the Chartered Institute of Arbitrators (MCIArb) and Member of the Academy of Experts (MAE)
Paul is the founder and Managing Director of Accura Consulting and in that time has advised clients in Australia, the Middle East, Asia and Europe on all types of projects and solving all types of problems relating to claims, delay, and the quantification of costs.
Paul has hands on project delivery experience gained on water, road, rail, mechanical and electrical, oil and gas, renewables, energy and building.
Paul has provided oral and written testimony as a quantum and technical expert both in Australia and overseas.
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Paul was appointed as a technical expert for an arbitration case concerning disputes regarding the cost of rock removal. He was instructed to assess whether, based on his experience as a commercial and procurement manager, he would have factored in the cost of rock removal in the tender price, based solely on the tender information and an initial site visit.
Paul was appointed as a quantity surveying expert for an adjudication concerning a solar farm project, focusing on disputes related to non-payment and deductions to a supplier of specialised equipment. He conducted a thorough cost estimation to evaluate the costs linked to the set-off actions.
Paul was appointed as a quantity surveying expert in an arbitration held in Dubai. His role involved providing expert insight into the costs associated with unpaid invoices over a two-year period.
Engaged as a quantum expert for an arbitration in South Australia. This case related to a significant wind farm project, with disputes revolving around issues like restricted site access, resequencing problems, faulty equipment provided by the client, and a multitude of changes to the original plans. Paul participated in a conclave and was cross examined by the opposing counsel.
Paul acted as the quantity surveying expert concerning defective roof cladding at a large stadium. He addressed the claimant's cost assessment and presented a more comprehensive costing methodology supported by primary evidence, moving beyond reliance solely on price books.
Paul was instructed as a quantity surveying expert for a mediation involving two wind farm projects that faced significant delays, resequencing, and variations. He prepared an expert report on behalf of the claimant. The dispute was resolved through a settlement before going to trial.
Paul was instructed as a quantity surveying expert to address a claim concerning the costs of remedying defective work in the mechanical, electrical, and plumbing components of a significant road tunnel project. He prepared a report for the mediation proceedings and, leveraging his practical construction background and systematic estimating approach, pinpointed several flaws in the claimant's report.
Engaged as a quantum expert, Paul submitted a detailed cost analysis for a legal case involving the demolition of a commercial fit out and subsequent refitting of the premises. He countered the claimant's report, which was based solely on price books and unsupported labour costs. Paul's practical expertise and evidence-based approach played a crucial role in resolving the issue through a settlement before the trial.
Adjudication on a major wind and battery storage project in Victoria surrounding the nonpayment of progress claims. Paul provided an independent valuation of the works completed on behalf of the claimant. Paul’s valuation led to the claimant being paid the full amount due and owed.
Paul was instructed to provide an independent analysis of prolongation, acceleration and COVID19 related cost for a matter before arbitration related to a major tunnelling project. Paul’s report aided in the settlement of the claims.
Paul was instructed to provide an independent quantum analysis of a progress claim value for an adjudication of a hospital projects.
As the quantum expert for an arbitration concerning a major solar farm in NSW that suffered several delays, access issues, variations and alleged termination and taking over costs, Paul provided an independent opinion on the prolongation costs incurred, the costing of the variations and the value of the taking over costs.
Paul was engaged as a quantity surveying expert witness on a matter before the court concerning the removal and replacement of flammable cladding. Paul was instructed to provide an independent opinion on the cost to remove and replace the flammable cladding and also provide an opinion on whether the cost incurred was reasonable.
Instructed for a matter before the Victorian Civil and Administrative Tribunal concerning defective construction works on a apartment complex relating to water ingress, the replacement of roofing and several other defects. Paul provided a first principal costing position based on evidence based costings.
Engaged as a quantum expert to cost a large prolongation claim for a matter concerning before an expert determiner.
Paul was the quantum expert for for an QICC arbitration. The claims were from a major contractor concerning ground conditions, structural steel, lifting and M&E matters. Paul provided expert oral testimony under cross examination.
Paul was engaged as a quantum expert for a insurance matter with respect to the cost of replacing a bridge which had significant damage.
Paul provided independent analysis of the costs for a telecommunications dispute.
Paul was engaged as a quantum expert to analyse the cost related to several defects on a large residential apartment building following a construction dispute.
Paul was engaged to support a major road tunnel project in Australia which, through a combination of latent conditions and force majeure events (COVID-19), meant the project suffered several significant delays resulting in the contractor raising a claim against the employer.
Working for the employer, Paul forensically reviewed the scope and specification and provided a robust and factually based claim. This was in contrast to the global approach taken by the claimant.
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Claims manager for a major piling project in NSW that encountered latent ground conditions, access issues and scope creep.
Paul was seconded as the project commercial manager for a $500M highway upgrade which predominantly involved working with the client representatives in agreeing several directed variations. This involved first principle estimation, reviewing technical documents with engineers and writing the qualifications and exclusion in the variation submission.
Paul acted as the lead quantum and technical adviser for a major wind EPC. The disputes concerned harmonics and impedance issues which ultimately effected the connection of the windfarm to the grid. Paul led a team of quantum and delay experts to produce a technical report that detailed the effect and cause of the issues and worked with external legal counsel in building a claim for additional cost and time. Paul also worked with the Andrew McKenna who was leading the delay experts in defending the application of LDs.
Paul was engaged by the main contractor to provide an assessment of a matter that concerned unknown ground conditions which led to an unbalance of the cut to fill material.
Paul reviewed the geotechnical data and drawings to ascertain what should have been expected and quantified the extra imported fill required due to the change from what was stated in the contract documents.
Paul's report was used to settle the matter with the Principal.
The works included the construction of a new 3000ML Wastewater Treatment Plant which included a blower building, a control and amenities building, a high voltage building, a membrane plant, UV disinfection facilities, an ethanol dosing plant, a digester, inlet works, a cycle and pedestrian path and landscaping.
Paul prepared an EOT and quantum claim concerning major SMP and HV design changes.
Paul acted for several major contractors on a project to upgrade a highway to motorway over its 155 km length, which involved nine interchanges, more than 170 bridges and more than 350 connectivity structures. Paul supported the project as a quantum and commercial adviser with respect to delay and cost claims.
Appointed by the regional leadership group for a Vietnamese wind farm EPC, Paul provided an independent opinion on the valuation of the claims from a time and cost perspective.
Following COVID-19 related delays to a tunnel project, Paul worked directly with an executive management and legal team to develop a tailored strategy that firstly separated each claim before then investigating and developing the cause and effect. Paul was then able to quantify the cost entitlement.
Construction progress of the tunnel was delayed due to the impact of COVID-19 while the broader project suffered scope creep and the delay impacts of a change in legislation, resulting in several claims launched by the Tier 1 Contractor.
Paul led a team of quantum and delay experts in preparing several delay and variation claims on a coal-fired power station in Malaysia. The primary matter concerned the discovery of 500+ unexploded ordnance (UXO) that had been dredged from the reclamation works.
Paul managed a team working remotely alongside a magic circle law firm to provide a technical, quantum and delay advice to an oil refinery in Kuwait.
The South Road Superway project at the time of construction was the biggest single investment in a South Australian road project, and the state’s most complex engineering road construction project. Paul was a senior QS on this complex project situated in South Australia.
The Warrell Creek to Nambucca Heads section's major challenge for construction was crossing the Nambucca River and floodplains of Warrell Creek. Paul was a consultant commercial manger on the project and advised on claims matters.
Paul was the commercial manager on a Waste Water Treatment plant which experienced delays and cost overruns due to client initiate design changes. Paul drafted the quantum and delay claims and negotiated an amicable settlement.
Paul was engaged by a Major wind EPC and turbine manufacturer that had received several claims for variations and EoTs from subcontractors. Costs claimed where excessive and the time claimed purported all the culpability to the EPC.
As an expert in renewables projects, Paul was able to use his hands-on experience to work quickly and effectively to find solutions to problems.
Paul completed a forensic quantum analysis to correctly value the costs claimed as independent experts which provided a powerful and persuasive case which ultimately encouraged a settlement.
Working with the owner's legal team, Paul led a team to complete an independent review of the amounts and delays claimed on a Tungsten Mine project. Which involved a forensic review of all costs claimed (including progress claims and variations).
With construction delayed to a luxury office tower development due to asbestos discovery, the Contractor required a forensic quantity surveyor who had experience as an Expert Witness to provide an independent review of the cost claims merits and provide a report to the executive leadership within a short period of time.
A mixed-use development project experienced the collapse of a portion of the building which not only caused a loss to the construction project but to an adjoining building.
Paul acted as a quantum expert to determine the make good costs for an insurance claim before the court.
Provided quantum analysis to a specialist facade subcontractor who had over 50 variation claims against a main contractor for additional work on an Australian hospital project.
Paul was engaged to conduct quantum for a 154 megawatts (MW) gas and diesel electricity generating plant with a maximum export capacity of 150.4MW.
Paul was engaged to provide forensic quantity surveying, to assess several large claims submitted by the contractor to the project owner on an electricity transmission line and switching stations project.
Paul was engaged to provide forensic quantity surveying for a gas plant upgrade located in Australia. The main issues were lack of site access, interface issues and design matters.
The plant upgrade involved the installation of four containerised gas engines of 1.498MW capacity each, a new hydrogen sulphide treatment facility, a thermal oxidiser and bioreactor tanks. The flare facilities of the plant were also relocated as part of the project.
Paul advised a specialist contractor on quantum and delay matters for a gas plant upgrade which involved the following scope of work:
Power generators,
Various processing facilities, structures and holding tanks;
Plant switchrooms and control rooms;
Plant process control package
Approximately 160 kilometres of cabling for power, instrumentation, controls and communication
The project concerned the design and construction of a new 140 ML/day Sewage Treatment Plant.
Paul prepared a significant EOT and quantum claim due to a major client initiated design changes to the substation, transformers and redundancy requirements of the HV equipment.
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