Waleed Abdel Hameed

Senior Claims, Commercial & Contracts Management Professional

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Personal

Name : Waleed A. Hammad

Profession : Commercial, Contracts and Claims Management Marital Status : Married

Languages : Fluent in both English and Arabic

Current Position : Executive director, commercial and contracts Contact Details

Mobile - UAE: +971*********

Email: ad3whn@r.postjobfree.com

Education

• PhD. in Construction Law, King’s College, London, UK (ongoing).

• LL.M. (master’s degree) in Construction Law and Arbitration, UK.

• B.Sc. in Engineering, Cairo University.

Professional Memberships

• Fellow of the Chartered Institute of Arbitrators (FCIArb).

• Fellow of the Regional Council of the Dispute Board Federation (FDBF)

• Member of the Project Management Institute (MPMI).

• Member of the Chartered Institute of Purchasing and Supply (MCIPS).

• Certified Leader Diploma by the Institute of Leadership and Management (ILM, UK). Training

• Dispute resolution under FIDIC forms of contract

• Leadership skills by the Institute of Leadership and Management (ILM, UK).

• Leading with emotional intelligence.

• FIDIC totally immersion.

• FIDIC forms of contracts (Red, Yellow, Silver, Green, Blue, Gold & White Books).

• FIDIC forms of contracts: Red Book, Pink Book, Yellow Book and Silver Book

• Several workshops in arbitration and mediation.

Profile

A few years after earning the LL.M. (master’s degree) in Construction Law and Arbitration from the UK, Waleed started pursuing the PhD in the same field. He also has B.Sc. in Engineering. Also, he is a fellow of the Chartered Institute of Arbitrators (‘FCIArb’ as well as the Geneva-based Dispute Board Federation (‘FDBF’). He had led the MENA advisory council of the DBF between 2009 and 2013. In addition to being a certified engineer and a project management professional, he is an approved engineering expert by the courts of Abu Dhabi and Dubai. He has a long career life in establishing and leading commercial functions of several iconic construction projects (airports, seaports, power generation and transmission, sewage treatment and other infrastructure projects). Waleed is highly skilled in drawing long and short-term strategies for organisations in general, and commercial departments in particular. His long experience in managing construction contracts in a wide gamut of engineering projects, has made him exceptional in achieving the unreachable; especially in creating and managing commercial functions of mega projects from scratch. Thanks to the sophisticated set of social and analytical skills that he enjoys his peers, counterparts and line managers characterise him as a shrewd negotiator who knows how to close tough deals. Waleed Abdel Hameed

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Waleed is highly experienced in project close-out and resolving disputes that arise in relation thereto. For more than thirty-three (33) years in the Gulf region, he has been supporting several international, regional, and local contractors in addition of course to developers in compiling, structuring, establishing, negotiating, settlement of claims and eventually closing out of their mega projects. He worked for some of the key international project management consultants like Parsons while project- managing major real estate projects for well-known developers like EMAAR. While working for Parsons, he established their contracts and claims function to defend their clients against claims put forward by major international and local contractors. In 2015, he was approached by Keppel Seghers, the international contractors to lead their regional commercial team in the MENA region. During that period, he prepared two (2) compendia of claims for the two (2) projects that Keppel constructed in Doha; namely, the QR 2.5 billion design-build and operate ‘DBO’ Doha North Sewage Treatment Works (‘DNSTW’) and the waste-to-energy plant which exceeded QR 900,000,000. DNSTW remains, by far, the largest sewage treatment plant in the MENA region and Europe while the waste-to-energy plant processes, circulates and converts solid waste to energy that feeds into the power grid of Qatar. That engagement followed leading the team that provided claims and commercial services to ETA which was, then, the MEP subcontractor that participated in a JV with Carillion to build Mehserieb community downtown Doha and Lusail stadium. He Also led the team that supported FMC in their rails projects in Doha.

Before that, he led the commercial team of the Al-Khodary contracting establishment in KSA which constructed, among other projects, the major SR 3.5 billion mega project to establish infrastructure for six (6) cities in the eastern region of the KSA. This was in addition to the SR 350 million National Guards Complex and Training facilities in Dammam and the expansion of three (3) universities in the eastern region of the KSA.

Before that, Waleed led the contractual and commercial activities of the iconic AED 25 billion Sheikh Khalifa Port and Industrial Zones (‘KIZAD’) portfolio of projects which comprised a green field seaport in Taweela (between Abu Dhabi and Dubai) and the infrastructure of the massive 425 km2 industrial zone which had subsequently become KIZAD. The off (and onshore) sides of the port are, for the record, connected by the longest and third longest bridges in the UAE. He also participated in the AED 8 billion first phase of the expansion project of the Abu Dhabi International airport. That phase comprised building a new runway for widebody aircrafts like the airbus A 380, Boing 747 (and the like). The programme included upgrading the, then, existing runway to the widebody aircraft size. In addition, constructing terminal 3, terminal 2, the 142m high navigational tower (and navigation equipment), cargo village, ground support equipment and automated cargo system.

His long experience in establishing and managing new and running commercial functions of mega projects have made him a highly skilled professional in managing claims and resolving issues related to project closeout. His wide exposure to all such issues has honed his skills and made him exceptional in identifying, analysing, and managing commercial risks. He is also well-experienced in drafting and negotiating construction contracts (whether main or sub-contracts) in addition to memoranda of understanding, JV and consortia agreements.

His exposure to a wide variety of sophisticated engineering projects has made him excellent in pre- award activities like pre-qualification, short-listing, tendering as well as commercial and contractual negotiations. As to post-award activities, he has a track record in administering contracts, preparing, negotiating, settlement of claims and, whenever possible, amicable settlement of disputes and closeout of projects on both up and down streams.

Waleed had successfully managed several EPC contracts like sewage treatment plants, sub-stations, airport navigational systems, ground support equipment like aircraft towing tractors, airport and civil defence fire-fighting equipment, simulations/training facilities, maritime equipment and several machineries like dredgers, drilling rigs, ship-to-shore gantry cranes, fully and semi-automated straddle carriers, stackers, barges, tugs and pilot boats, electronic flight and maritime simulators and so many other sophisticated custom-built equipment that take years to construct. Waleed Abdel Hameed

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In addition to the above, he participated in a long list of civil projects like the AED 7.2 billion dredging and reclamation contract within the Sheikh Khalifa Port, military camps and training facilities, roads, bridges, mixed-use buildings, hospitals, airport runways, airport tower, airport terminals (T2 and T3) and refurbishment of T1, sewage treatment plants, high-rise buildings, residential, hotels, etc. He possesses a set of intelligent leadership and man-management skills and enjoys excellent ability to contain cultural and ethnic differences. Working for thirty-three (33) years in the region (mostly in the United Arab Emirates and other Gulf states) has made him expert in the laws, bylaws and rules that organise the construction industry and acquisition of mega projects and/or equipment for organisations of public, semi-public and private sectors. The LL.M. degree that he has in construction law and arbitration augments his scientific engineering background with the art of legal argumentations and debates. Indeed, such skills are essential for those who help contractors build claims and conclude successful deals. He has earned the respect of the parties involved in this complex and demanding industry at all levels thanks to the proven track- record of success stories. In addition to the open communicative disposition that he enjoys, he masters the ability of switching from macro-to-micro levels and vice versa. Over and above the long experience he has in managing projects based on FIDIC suite of contracts, he can use RIBA, NEC3 and AIA (and certainly other bespoke) forms of contract. He is a strong believer in continued education; therefore, he regularly attends training courses and conferences on administration of contracts and dispute resolution. He is, therefore, highly experienced in handing- over, close out and dispute resolution of mega construction projects. Key Skills, Qualifications and Personal Competencies Waleed participates as a keynote speaker in conferences like those organised by the Dispute Board Federation (‘DBF’) which he Leads its regional advisory panel. Added to his LL.M. and engineering B.Sc. qualifications, he has developed the skillsets listed hereinbelow:

• a core of soft skills like positivity, compassion with (and containment of) others;

• excellent communication, listening, teamwork and collaboration skills;

• strong organisation, planning, analytical and problem-solving skills;

• expert in compiling claims documents, structuring arguments based on contractual and/or legal grounds, cause and effect analysis, reasoning, quantum and apportioning of cost especially in situations of concurrent delays;

• highly experienced in CPM, delay analysis and evaluation of prolongation cost;

• excellent writing skills;

• attention to details;

• general understanding of constructability and logic links;

• excellent in the analysis, mitigation and management of risks;

• expert in the close out of projects and negotiating amicable settlements;

• excellent in root-cause analysis, technical QA/QC reports and/or procedures, specifications and method statements;

• experienced in FIDIC contracts (Red, Yellow, Silver, Green and the White Book) as well as facility management Contracts;

• highly experienced in managing commercial functions of mega projects and corporations;

• experienced in establishing, building and leading strategic procurement and sourcing functions, whether for public or private; thereafter, analysing, developing and implementing sourcing strategies based on make, rent or buy thorough consideration;

• excellent in drawing, developing and implementing procurement strategies and establishing long-term strategic partnerships;

• experienced in agreeing back-to-back payment terms and transfer (and/or sharing of risk) based on main contract;

• excellent in analysing and mitigating project risks especially those related to supply chain mainly for fast-track projects;

• skilled in aligning the goals and objectives of the sourcing function with the corporate ones;

• highly able to accommodate cultural differences;

• excellent in preparing robust, yet dynamic, procurement and contracting strategies that respond to the dynamic nature of construction projects;

• certified leader in managing projects in general and commercial functions; Waleed Abdel Hameed

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• experienced in setting up the commercial/contracts function from scratch for projects and entities whether of public and/or private natures;

• excellent in defining boundaries of work environment through setup and implementation of suitable policies;

• expert in compiling RFPs, raising and/or answering tendering queries, maintaining accurate tender event log and leading pre-bid conferences;

• experienced in scored prequalification and commercial evaluations, according to pre-approved evaluation criteria; then, compiling both technical and commercial evaluations into the final award recommendation report;

• outstanding report-writing skills, especially those of contractual nature including, without limitation, claims’ argumentation and causation;

• innovative literacy, outstanding leadership & communication skills and expertise in all office software packages;

• highly experienced in negotiating contractual and commercial terms; Professional Experience

Contracts & Commercial Consultant, the Greater Cairo Metro, Line 4, November 2020 until now Waleed executes the contract whereby Climax PM establishes and leads the commercial department of the consortium that is contracted in November 2020 to construct the civil works (CP401) of the Greater Cairo Metro Line 4. The metro contract price is nearly two (2) billion USD and has a six-years’ duration. It is built on the conditions of contract of the World Bank (the FIDIC pink book) form of contract. The Consortium encompasses four (4) leading contracting companies: Arab Contractors, as the Leader, Hasan Allam, Petrojet and Concord with equal shares of scope and price. Waleed leads the team that handles all contractual and commercial issues, whether related to the main contract (or sub-contracts like the tunnel boring machine, MEP, foundations, and shoring work, etc.). He writes all contractual correspondence and prepares interim payment applications, issues notices to claim, quotations for variations, maintains claim log, negotiates cost and time impact of variations, responds to all correspondences with the employer, the engineer and sub-contractors, reviews interim payment certificates and meets with the engineer and the employer to discuss contractor’s entitlement; and, when necessary, contests unreasonable deductions. In addition, Waleed handles all competitive bids and issues letters of acceptance to sub-contractors; and drafts letters to sub-contractors as and when deemed necessary. Thanks to the long career life he has, and his extensive experience in managing contracts of different types, particularly, FIDIC suite of contracts, Waleed leads the consortium side in all interface meetings with other contractors appointed by the Employer to execute the railways, the rolling stock and signalling parts of the 4th line metro project (CP402, CP411 and CP412) packages. Executive Director, Climax Projects Management September 2019 until now In September 2019, Waleed Joined Climax Projects Management in the position of the Executive Commercial Director. In this position, he leads the team that provides consultancy services to a diversified list of clients like, developers, contractors, and governmental entities. Climax Projects Management offers a portfolio of project services to support its clients during the common four (4) project life phases (pre-tender, contract formation, construction and post completion). Thanks to his long experience in managing (and delivering) a wide range of projects, Waleed is proficient in managing all types of construction contracts starting from design-bid-build, through design-build to the turnkey/EPC and cost-plus contracts. Whether it is FIDIC, NEC, JCT, AIA or any bespoke form of contract, he has a solution for all the problems engrained in construction projects. Starting from identifying suitable bidders, to prequalifying and short listing them; then, preparing evaluation criteria, bidding, all the way through to evaluation and award of contract, the fact remains that the quality of services that Climax Projects Management offers makes it second-to-none. He and his team have a proven track record in preparing and negotiating multi-disciplinary construction claims worth billions of USD. Before delving into claims, the team may recommend conducting a comprehensive risk assessment. Once completed, the team will suggest means of Waleed Abdel Hameed

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mitigation. The team also examines the merits of each claim; then, when meritorious, its cause and effect will be established (together with the quantum calculation and substantiation) in the writeup. He and his team also perform delay analysis using renowned worldwide techniques. Taking into account concurrency of contractor's and employer's delays, the team does not only examine concurrency but also prominence of the event giving rise to the claim. After accurately calculating the number of delay days each party is responsible for, the team will calculate the quantum taking into consideration all the costs that have reasonably been incurred. Courts and arbitral tribunal panels may appoint industry experts who can provide independent expert opinion on certain topics. Whether it is engineering or technical discipline we are always ready to help. The industry's complexity makes it crucial for a party to a construction dispute to appoint an expert to help it (and its lawyers) to fully understand the technical complications and consider the chances of success or failure.

Appointing an expert allows the lawyer to properly plead the party's case in light of the knowledge that he will extract. The client (or its lawyer) may appoint the expert; however, will be instructed by the lawyer solely. Clients and lawyers involved in construction disputes are aware that the quality of expert evidence makes or breaks heir cases. We are proud of the high quality of our expert witness reports that strengthens our clients' positions.

One of the challenges that developers and public sector entities face is time and cost overrun of their projects. Decision makers, therefore, need to diagnose the causes and swiftly identify the best course of action. Decision makers may therefore appoint expert auditors to monitor billing and costs and ensure their projects are moving forward according to plan and on budget. In addition to doing project audit services, Waleed and his team also assess project delays and what their root causes are. Starting with the obligations of the parties, he and his team can identify the reasons behind failure; then, prepare a gap analysis report and the appropriate action plan needed to bridge the gap. Commercial & Contracts Director, Pivot Engineering & General Construction, July 2018 until September 2019

In July 2018, Waleed was approached by Pivot to lead its commercial team in all its operations in the UAE. Pivot is a major civil and MEP contractor that has been in the construction industry for more than forty (40) years delivering a diversified portfolio of projects. This includes communities for major developers like EMAAR, Dubai Properties, DAMAC, ALDAR and ADNOC. Waleed leads the team that administers main contracts on all sites as well as the team that procures all sub-contracts and materials for all projects.

Waleed administered a long list of real estate and construction contracts including the AED 318 Million extension of the Al Jimi mall in Al Ain which has been successfully handed over to Al-DAR, the AED 112 Million Aseel Community for EMAAR, the AED 270 Million Land-side Support Facilities Construction which has also been handed over to the Abu Dhabi Airports Company, the AED 120 Million Azalea community for EMAAR which is currently undergoing handing over, the AED 280 Million Serena 2 Community for Dubai Properties, three projects in Dubai south worth more than AED 500,000 Million, the AED 160 Million Dubai Hills Community for EMAAR, the AED the AED 72 Million Al Maria and Al Jaddaf towers for Al Auwais enterprises, the AED 158 Million club villas community for EMAAR and several other projects, the AED 202 Million PARKSIDE townhouses and others. In addition to his day-to-day activities, he is currently leading the team that prepares for an arbitration against one of the clients with whom endeavours to reach an amicable solution have landed nowhere. Arbitration shall be in Dubai and in accordance with the rules of the International Chamber of Commerce. The sum in dispute exceeds AED 100 million. This sum includes direct as well as prolongation cost claims.

He has restructured the commercial department and introduced new approaches to claims. During this period, he submitted several claims related to EOT and prolongation cost for Pivot’s portfolio of projects. Some of these claims have already been settled and compensations have been received. Others are still subject to further debates and substantiation. He also leads all pre and post award Waleed Abdel Hameed

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commercial meetings and discussions. He also chairs the tendering committee that oversees the award of sub-contracts to successful sub-contractors.

Senior Contracts Manager, Parsons Overseas Limited, June 2017 to July 2018 In May 2017, Parsons Overseas Limited approached Waleed to lead their contracts and claims team in one of their most prestigious projects in Dubai; namely, the “Dubai Creek Harbour Development” by EMAAR. During that period, Waleed led a team of quality surveyors which performs all the contractual and commercial activities. He analysed and responded to all contractors’ claims related to that development programme wherein Parsons played the role of the Engineer in all the infrastructure contracts released (and to be released) for the Dubai Creek Harbour Development programme. The biggest contracts, among the ones that he administered were the consolidated utilities package and the island infrastructure package. Both exceeded AED 1.2 billion and were handed over in October 2018 and August 2019 respectively. One of his duties was to write contractual and commercial correspondences in addition to addressing contractors’ claims. This was in addition to certifying Contractors’ interim payments, issue engineer’s instructions, evaluate all varied works, assess contractors’ entitlement to EOT (and/or cost thereof). And prepare taking-over certificates and issue them for Client’s approval and certify the release of contractors’ retention money when due. His long experience in claims management was the key factor for choosing him for this position due to the specific nature of this project and the high exposure of the client to claims for several reasons; particularly, delayed possession of site, disruption by others, changes imposed by the authorities having jurisdiction like DEWA and RTA, unforeseen soil conditions, change of sequence, late issuance of permits, giving partial possession to others, loss of profit and loss of opportunity. He has been successful, so far as possible, in protecting client’s interests against most of the contractors’ claims; however, certified payments to contractors for genuine claims. Senior Claims and Contracts Manager, Keppel Seghers Contracting Doha, May 2015 to May 2017 In May 2015, an International Contractor (Keppel Seghers) contracted Mr. Hammad to prepare (and subsequently negotiate) two compendia of claims for their projects in Doha. This was in addition to leading their regional commercial team in Doha. The team comprised of contracts, procurement, planning and costing. The handing-over of the QR 2.5 billion Doha North Sewage Treatment Works

(and commencement of the QR 1.5 billion operation and maintenance phase) were on top of his priorities; especially, after the five-year delay that the project suffered. Going in parallel, he also prepared the compendium of claims for the QR 1.9 billion Domestic Solid Waste Management Centre (‘DSWMC’) which had been in the operation phase in early 2015. Efforts were therefore made to finalise the claim and try amicable settlement before commencing arbitration. He also participated in preparing, submitting and negotiating a few regional tenders. For the DNSTW, the biggest challenge was the denial by the engineer and employer of the plant’s readiness notwithstanding the receipt of its benefits. Therefore, focus was made on nullifying all allegations related to non-readiness. Some long-lasting issues with authorities like, for example, civil defence and water & electricity authorities were also successfully resolved. In less than six months from the joining date, the first taking-over certificate was received followed by the second one in another six months’ time. Waleed also took the lead in compiling another compendium of claims for the DNSTW according to which arbitration will likely commence in the near future. Under this compendium of claims, the main heads are:

delayed access to Site;

changes in Employer’s Requirements (whether notified in writing or otherwise);

delays imposed by Authorities (KahraMaa, Civil Defence, Municipality, etc);

delays imposed by the Engineer (delayed inspection, etc);

delays imposed by the Employer;

disruption by other contractors;

delayed approvals of drawings and material submittals;

ambiguities and/or errors in the employer’s requirements;

adding additional requirements to the approval procedure;

delayed approvals of interim payment certificates; Waleed Abdel Hameed

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unforeseen weather conditions;

unjustly withholding contractor’s payments;

unforeseen cost escalation;

failure of the Employer to provide sewage needed for the tests on completion;

failure to issue the TOC when became due;

earlier use by the employer of the Plant prior to issuing the TOC;

escalation and difficulties in getting adequate labour resource; and

site instructions leading to changes in the works. June 2013 to May 2015

Senior Claims & Contracts Manager, Techno Engineering & Associates Middle East, Doha, Qatar Waleed had been assigned the responsibility of ‘Senior Contracts and Claims Manager’ leading a team of two (2) contract managers, five (5) quantity surveyors, four (4) planners added to two (2) lawyers to provide commercial and claims services to one of the major contractors in Doha on two (2) mega projects of Civil and MEP Engineering nature (Mesheireb Doha Land and Lusail Stadium). Mesheireb Doha Land is a newly developed community, downtown Doha, having more than eighteen buildings two of which are hotels, in addition to a hospital, a grand multi story shopping mall, a grand mosque, residential buildings, sports and recreation facilities and many other amenities. In this capacity, Mr. Hammad led the following activities:

scrutinising the main and sub-contract and preparing a due diligence report highlighting all the contractual risks and suggesting appropriate means of mitigation ‘when possible’;

preparing all contractor’s correspondence;

preparing the long lead procurement schedule – in line with the project schedule - and all sub- contract agreements/contracts;

reviewing, preparing and negotiating all the contractor’s variations;

identification of potential claims, preparation of all notices to (and substation of) claims;

maintaining a live variations’ (and claims’ notification) log;

representing the contractor in meetings with other contractors, sub-contractors, authorities and, when needed, the employer;

among others, the below list comprised the most common heads of claims: o denial of (or delayed) access to site;

o unforeseeable physical conditions;

o changing the sequence of works due to disruption caused by other contractors; o delayed approval of material and/or main items;

o delays imposed by authorities;

o errors in the employer’s requirements;

o changes in the scope of works;

o disruption (by others);

o delayed payment;

o constructive acceleration of works and mobilisation of additional resources; o design errors and omissions;

o failure to grant timely approvals or materials and main items; o changes in specifications of main items and their consequences in terms of time and cost; o delays imposed by authorities;

o defective and/or incomplete works; and

o preparing argumentation and assembling relevant documents to demonstrate the nexus and prove causation and entitlement thereof.

overseeing, reviewing, finalising, submitting and negotiating the submitted compendium of claims (QR 250 million and QR 100 million) for the two projects respectively;

attending meetings on behalf of the contractor and providing project and contractual management advice;

moreover, overseeing some other smaller projects in UAE (claim preparation for a rail project in Abu Dhabi) and another claim preparation for a road project in Muscat. Contracts & Claims Director, Engineering Trade., Dubai, UAE May 2011 to June 2013 Waleed Abdel Hameed

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The main responsibility was to provide commercial, contractual and claims advisory services to company’s clients by performing the following services:

analysing risks and providing advice on how to transfer, mitigate and/or manage these risks;

managing contracts from start-to-end including claims’ analysis and dispute resolution;

streamlining processes to ensure efficiency and effectiveness;

drafting of policies & procedures;

preparing practical sourcing and packaging strategies;

benchmarking sourcing and contracting activities against international best business practices;

auditing and assessing performance of projects and sourcing activities;

preparing annual budgets (based on thorough analysis & future demand

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