FIDIC Adjudicator Details

International Client Manager

Malith  Mendis

  Country of residence: Sri Lanka

  Citizenship: Sri Lankan

  www.mendiscobain.com

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Countries with experience

Other countries with experience:

Global regions

  • East Asia
  • Pacific
  • South Asia
  • Middle East
  • Sub Sahara Africa

Languages spoken

  • English

Other languages spoken: Sinhala

Construction contract experience

  • Construction Contract, 1st Ed (1999 Red Book)
  • Construction Contract, MDB Harmonised Ed, June 2010
  • EPC/Turnkey Contract, 1st Ed (1999 Silver Book)
  • Plant & Design-Build Contract, 1st Ed (1999 Yellow Book)

Consultancy contract experience

  • Not applicable - none of the above

Specialist contract experience

  • Not applicable - none of the above

Other contract experience

  • JICA Design - Build Contract (Based on FIDIC Pink Book)
  • ENAA Contract

CV - Services offered

  • Arbitration
  • Adjudication
  • Technical expert
  • Contract Expert/specialist
  • Independent expert
  • Expert witness
  • Educational qualifications

Technical expertise

  • Building - domestic
  • Building - commercial
  • Building - industrial
  • Building services - lighting/electrical
  • Civil Engineering - Site Investigation
  • Civil Engineering - Foundations and Subsidence/Settlement
  • Civil Engineering - Land Drainage & Dewatering
  • Civil Engineering - River & Flood Control
  • Civil Engineering - Tunnelling and piling
  • Civil Engineering - Retaining Walls
  • Civil Engineering - Dams and reservoirs
  • Coastal engineering
  • Construction law
  • Infrastructure, Railways, Bridges
  • Marine and ports
  • Road and highways - Planning, Layout and Design
  • Road and highways - bridges and car parks
  • Road and highways - other
  • Water - drainage and sewerage
  • Water - Water Supply
  • Water - Sewerage
  • Water - Sewage Treatment
  • Water - Flooding and Drainage
  • Waste Water - Treatment and Pumping Plant
  • Claims and variations

  • Extension of time
  • Project scheduling
  • Defects
  • Failure investigations
  • Construction accidents
  • Flood damage
  • Technical issues

Short summary experiences

I was initially engaged in dispute resolution in Water Supply projects, but have now expanded into Roads and Highways, Housing, Industrial and Commercial Buildings, and to Electrical Transmission works. Ten Contracts out of many contracts where I was involved in Dispute Resolution in the last 25 years is listed above. _x000D__x000D_I have had experience in ad-hoc adjudication, standing dispute boards and in arbitration, the majority in FIDIC Contracts or on modified FIDIC Contracts. I also have experience in JICA Design – Build Contract, ENAA (Engineering Advancement Association of Japan) Contracts, and Sri Lanka CIDA (Construction Industry Development Authority) Contracts, etc. The earlier contracts had no adjudication or had ad-hoc adjudication, and dispute avoidance was not possible. Contracts were supported by Multilateral Development banks, International Financial Institutes or Bilateral Development Funding Agencies etc._x000D__x000D_Referring to (1) above, where I was Chairman of the ad-hoc DAB of a water supply project, the disputes consisted of non-payment for some items of work. Case (2), as Chairman ad-hoc DAB of multi – storey housing project, is a case of non-performance of contract leading to termination of the International Contractor. The Dispute Board had to assess whether the termination was justified and conformed to procedure given in contract. I was Chairman of the Arbitration in case (3), where Employer and Contractor agreed that it is a lump sum Contract, but Employer deducted amounts based on quantity which the Contractor Disputed. In case (4), I was Chairman of the Standing DAB for 2 packages of an Expressway, total length 80km. Cases (5) and (7) was as Consultant/ Counsel to Employer in disputes in Construction of multi-storey housing, in preparation of Responses and presentation at Hearings. Case (6), a water supply project, acted as Consultant to Employer advising on Responses and preparation for hearing in ad-hoc DB, as parties failed

Position and experience

Acredited mediator: No
Acredited arbitrator: Yes

Employment status:
Present position:
Previous positions: CEO - Lanka Hydraulic Institute, Senior Consulting Engineer - Iluka Resources (Sri Lanka) Ltd , Market Development Manager - Holcim (Lanka) Ltd

Experience

  • 1)Supplying and Laying of Pipelines and Civil Construction Work
  • Water Supply Project (DAB Chairman) – USD 1.7m (CIDA SBD2 – modified FIDIC Red Book)
  • 2) Urban Regeneration Project (DAB Chairman) – USD 46m (CIDA SBD 2 – modified FIDIC Red Book)
  • 3)Distribution Network Water Supply Project - ( Arbitral Tribunal Chairman) – USD 40m (CIDA SBD 2 – based on modified FIDIC Red Book converted to Lump sum contract)
  • 4)Expressway Section ( 2 Packages) – (DAB Chairman) – USD Red Book (with substantial design by Contractor) USD 370m (FIDIC Red Book)
  • 5)Design and Construction of 480 housing units – (DAB Consultant) -USD 9.2m (CIDA SBD4 – modified FIDIC Yellow Book)
  • 6)Waste Water Management Project (Asian Development Bank (ADB) Supported)– (Dispute Consultant) – USD 40m (FIDIC Pink Book)
  • 7)Design and Construction of Housing Units - (Disputes Consultant) – USD 19.3m (CIDA SBD4 – modified FIDIC Yellow Book)
  • 8)Integrated Road Investment Programme (ADB Supported) – 6 Packages – (Sole Member DB) – USD 63m (FIDIC Pink (MDB) Book)
  • 9)Development and Construction of a District General Hospital – (Sole Member DAB ) – USD 6.8m (CIDA SBD2 – modified FIDIC Red Book)
  • 10) National Transmission and Distribution Network Development and Efficiency Improvement Project - Package 1 - Construction of 400kV
  • 220kV and 132kV Transmission Lines (Japan International Cooperati

Affiliations/Memberships

  • Member - Dispute Resolution Board Foundation
  • Member - Society of Construction Law

Panel listings

  • Member - FIDIC President's List Adjudicator
  • FIDIC Accredited Trainer
  • Arbitrators and Adjudicators List - Institution of Engineers Sri Lanka
  • Adjudicators List - Construction Industry Development Authority Sri Lanka
  • Adjudicators List - Association of Consulting Engineers Sri Lanka
  • Member Primary Panel - Maldives International Arbitration Centre

Qualifications, jurisdiction and discipline

  • Fellow - Institution of Civil Engineers UK
  • Fellow - Institution of Engineers Sri Lanka
  • Member - Chartered Institute of Arbitrators UK
  • Fellow - Institute of Project Managers Sri Lanka