Simon Yates

Simon is a dual qualified Chartered Quantity Surveyor and a Fellow of the Chartered Institute of Arbitrators. His experience spans a range of project sectors, most prominently high-value collaborative contracting environments in power, rail and utilities. Simon specialises in the New Engineering Contract (NEC2/3/4) Engineering and Construction Contract (ECC), where he has extensive experience representing both the client and contractor. He has a strong record of delivering commercial value at both pre-contract and post-contract stages.

 

Simon is an experienced negotiator and dispute resolver. Where disputes occur, Simon favours using his in-depth contractual and legal knowledge to achieve an amicable solution. He is currently a Dispute Avoidance Board (DAB) member for a national power transmission company. Simon is both a panel adjudicator and a capable adjudication party representative. He has acted in many disputes drafting submissions, citing relevant case law and preparing quantum.

Academically, Simon holds a University Diploma in Surveying, a Degree in Quantity Surveying and a Master of Laws in Construction Law and Adjudication with Distinction. He is a member of the Adjudication Society and the Society of Construction Law.

 

Employment

Construction Contract Management – Director March 2018 - Present

Founded Construction Contract Management to provide contractual and commercial support for engineering and construction SME’s in Wales and the South West. The company’s aim is to improve SME’s contract administration, increasing profitability and providing protection from unfair practices.

Accomplishments:

• 2 Adjudication wins representing Welsh steel fabrication company 2018 concerning “The Scalpel” 52 Lime Street, London.

• 1 Adjudication win representing Welsh engineering company 2019 concerning Heysham M4 Link Road.

• Extension of time and quantum claim preparation.

 

Contract Administrator/ DAB Member – National Grid June 2013 – Present

Appointed as a Consultant Contract Administrator to National Grid. Tasked with improving National Grid’s commercial capability which was essential when Ofgem introduced its more stringent RIIO regulatory mechanism in 2013. Responsible for the optimum contractual and commercial performance of the South West Region. Projects being high voltage cable, overhead line and substations. Schemes tendered under EPC competitive conditions. Let using the NEC3 ECC form of contract, Options A and C. Individual projects ranging from £5-£140m, workbook circa £300m per annum. Tasked with a number of strategical assignments which were implemented on a national basis to facilitate the company’s necessary transition under RIIO.

Accomplishments:

• Successful delivery of over £1.3Bn of new assets and asset replacements within RIIO regulatory budgets in 7 years.

• Dispute Avoidance Board Seat – Central to the resolution or narrowing of many £multimillion claims and disputes that emerged nationally (outisde SW region).

• Designed National Grid’s contract management system which was implemented nationally. Based on NEC3 ECC conditions, forms generated based on selected Options/ Secondary Options. All payment certificates, change and contractual notices are managed through the system e.g. Compensation Events, Early Warnings, Defects etc. Circa £1Bn per annum.  

• Author of various National Grid commercial procedures relating to the management of the NEC ECC which were issued on a national basis e.g. Contract Selection Decision Tree, Assessing Compensation Events, Managing the Accepted Programme, Payment Certification.

• Designed the payment certificate and forecasting tool which was implemented on projects nationally were Option A is selected. Significant improvement in forecasting accuracy observed.

• Management of several National Grid adjudications (outside SW Region) where formal process unavoidable.

• Mentoring and development of Commercial Team. RICS APC Councillor.

• Party representative in several adjudications by private appointment (2015 - 2018).

 

Commercial Manager (Major Projects): Babcock International   May 2008 – June 2013

Commercial Manager for Babcock International working in the Electricity Alliance West - a joint venture involving National Grid, Babcock, AMEC and Mott McDonald. Contracts let under NEC ECC Option C conditions of contract. Responsible for managing the commercial performance of major projects in the Alliance portfolio including: cost and value reporting, EVM, verification of actual cost, forecasting, liabilities, subcontract account management (NEC ECC Options A, B, C & E), change management, contractual notices, pain/ gain analysis, post project reviews. Mentoring and development of the Quantity Surveyors and Assistant Quantity Surveyors.

Accomplishments:

• Ross-on-Wye Cable Asset Replacement (Sept 2010 - June 2013). £93 million scheme. Uprating to 3000MVA 3.2Km route, 2 circuits (PW&RW), 3 phases, 2 cables per phase.  Directional drill under River Wye and through the A40 highway. Construction chosen to protect an area of outstanding natural beauty. Terminate and remove existing 400kV fluid filled cable that connects two sealing end compounds.

• Pembroke to Swansea tower replacement (May 2008 - Sept 2010). £104million scheme, over a double circuit outage. Works took place over a 129Km route, major elements comprised; the replacement of 181 suspension towers, piecemeal replacement of 31 towers, 24 Km of temporary roads, 140 foundation replacements, 347 scaffolds.

• “Escalation Board” seat. Assisting in the resolution of disputes in regions other than the South West.

 

Senior Quantity Surveyor: EC Harris April 2005 – May 2008  

Moved to the client side, following AMEC secondment, to join parent company EC Harris as a consultant for Welsh Water.  Responsible for all commercial aspects of the DG5 Flooding Projects, from pre-contract through to completion. NEC2 ECC Option C. Portfolio budget of £59m. £12m per annum. Duties include budget costing, target costs, works orders, client approvals, actual cost verification, valuation, forecasting, reporting, benchmarking, contractual notices, whole life costing, closure and post-project reviews.

 

Quantity Surveyor: EC Harris 2002 - May 2005 (AMEC Secondment)

Employed by EC Harris and seconded into AMEC Capital Projects working in Welsh Water Capital Alliance which was formed by Welsh Water to deliver it’s £600 Million AMP 3 program of improvements.  Responsible for the subcontract account management relating to AMEC’s work in the Alliance. 35 sub-contractors. NEC2 ECC Subcontracts. Option A, B and C. Circa £20m per annum.

 

Assistant Quantity Surveyor Capita 1999—2002

Employed by Capita as a consultant for Network Rail at the GW Zone Plain Line Track Renewals Contract. £60M per annum project let under ICE Design and Construct Contract and later modified to include ‘alliance’ provisions. Typical Assistant QS duties.

Institutions / Panels

• FCIArb – Fellow of the Chartered Institute of Arbitrators

• MRICS – Member of the Royal Institute of Chartered Surveyors

• Panel Adjudicator – UK Adjudicators

• Panel Arbitrator – Business Arbitration Scheme – Chartered Institute of Arbitrators

 

Education / Examinations

• Decision Writing Construction Adjudication - Chartered Institute of Arbitrators

• LL.M - Master of Laws in Construction Law and Adjudication with Distinction – Robert Gordon University

• BSc (hons) - Degree in Quantity Surveying – Reading University (College of Estate Management)

• DipSurvPract – Diploma in Surveying Practice - Reading University (College of Estate Management)

 

Societies

• Society of Construction Law

• Adjudication Society