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Jim Perry is a member of the District of Columbia Bar and holds a Juris Doctor (JD) degree in law and a BsCE in civil engineering and works from Paris as an arbitrator and dispute board member specialising in the construction industry.  Jim is President-elect of the Dispute Resolution Board Foundation (DRBF).

In 2003 Jim and Geoff Smith opened PS Consulting. Jim has served on numerous Dispute Boards and Arbitration Tribunals (ICC Paris and Hong Kong, DIAC and CEPANI) in Africa, SE Asia, Central Asia, Central Europe, Latin America, Australasia and the Middle East and is on the International Federation of Consulting Engineers (FIDIC) President’s list and the Syntec-Ingénierie list of adjudicators (France). With experience in over 40 countries on 6 continents, Jim has also been appointed as delay and/or quantum expert witness and co-counsel on many construction arbitrations and dispute boards.

His work as a dispute resolver, counsel and expert has involved dams, hydro and thermal power plants, roads and bridges, water management, oil and gas, railways, marine infrastructure, urban development, tall buildings and mass leisure projects.

Jim also provides legal and contractual support on urban renewal projects in Latin America, and industrial, hotel and leisure and other projects in France and internationally.

Before founding PS Consulting Jim worked as General Manager of EuroDisneyland Imagineering and held director positions with both Employer and Contractor organisations with responsibility for contracting, and dispute resolution on high profile projects such as Euro Disney, the Petronas Towers in Kuala Lumpur and major PPP projects in the UK and Central Europe.

PS Consulting also provides several accredited training modules worldwide on FIDIC contracts.

General Information

Date of Birth

  • 17/08/1960

Title

  • Founding Partner

Education

  • Colorado State University, USA (Bachelor of Science, Civil Engineering)
  • Case Western Reserve University, USA (Juris Doctor)

Other

  • Language: English (native) French (fluent), Spanish (notions), Czech (notions)
  • Computer literate (Word, Excel, Project, MS Project, Primavera, etc.)

Professional Career

                                             

2003 - present

Founding Partner, PS Consulting

2005 - present

Of Counsel, François & Associés

2002 - 2003

Co-Managing Director - EuroDisneyland Imagineering – Marne la Vallée France

1999 - 2002

Director Contract Administration - EuroDisneyland Imagineering – Marne la Vallée France

1995 - 1999

Directeur Adjoint – Bouygues Bâtiment International – Czech republic & UK

1993 - 1995

Senior Contracts Manager – Lehrer McGovern Bovis – Malaysia

1988 - 1993

Senior Contracts Manager – Lehrer McGovern Bovis – Marne la Vallée France

1985 - 1988

Project Manager – McDevitt & Street Bovis – NC, USA

Qualifications and Memberships

  • Admitted to the District of Columbia Bar in 1984
  • B.S. Civil Engineering, 1981
  • J.D. (Juris Doctor), 1984
  • FIDIC President’s List of Adjudicators
  • Dispute Resolution Board Foundation (Past President, Region 2)
  • Syntec-Ingénierie, Member French list of FIDIC Adjudicators
  • FIDIC Accredited Trainer
  • FIDIC Affiliate Member
  • Member of the Society for Construction Law (Country rep. for France)
  • Member of the International Bar Association
  • PS Consulting is a member of the French National Committee of the ICC
  • Past Director Region 9 (Europe/ Central Asia/ Russia and Africa)– Association for the Advancement of Cost Engineering International (2012-2014)
  • Member of the Global Construction & Infrastructure Legal Alliance

Experience: Arbitration, Dispute Boards, Non-contentious work

  • Co-arbitrator in an ICC Paris matter concerning railway construction work in Eastern Europe performed under a FIDIC form of Contract..
  • Co-arbitrator in an ICC Hong Kong matter concerning offshore drilling work in the South Pacific.
  • Co-arbitrator in an ICC Paris matter concerning dredging works in Central America.
  • FIDIC appointed DAB Member and selected chairman on a standing dispute board Construction 1999 (Red Book) in regard to a dredging and port extension project in Eastern Europe.
  • Party appointed Dispute Board Member in a standing  DAB in connection with the construction of a rolled – compacted concrete dam in Lebanon under a FIDIC Construction 1999 (Red Book) form of contract.
  • ICC appointed Sole Dispute Board Member in two motorway construction projects in Central Asia. The contracts were FIDIC MDB version with standing Dispute Boards under World Bank financing.
  • Appointed chairman by party agreement on a standing dispute board under a FIDIC Construction 1999 (Red Book) in regard to a maritime and container port construction project on the North Pacific coast of South America.
  • MCA-Sénégal and Contractor appointed Sole Dispute Board Member in two Highway construction projects in West Africa. The contracts are FIDIC Red Book version with standing Dispute Boards under Millennium Challenge Corporation One project related to road rehabilitation, the other to irrigation civil works. (French language case)
  • Party appointed Dispute Board Member in an ad hoc DAB in connection with the construction of a hydroelectric dam in Central America.
  • Sole Dispute Board Member under a FIDIC Yellow Book ad hoc DAB in connection with a ten million Euro dispute in regard to a water treatment plant in Eastern Europe.
  • Co-Counsel under a FIDIC Yellow Book ad hoc DAB in connection with a twenty million Euro dispute regarding the design and construction of a 25km section of motorway in Eastern Europe.
  • Co-Counsel under a FIDIC Red Book ad hoc DAB in connection with a fifteen million Euro dispute regarding the design and construction of a 50km section of national roadway in Eastern Europe.
  • Dispute board proceedings, co-counsel in connection with a dispute board procedure in Bucharest in a dispute over non payment and defects related to the construction of a luxury housing scheme.
  • ICC Paris, 40M € dispute regarding the electrification, signalling and controls on a major urban commuter line serving 26 million passengers per year in North Africa capital city. Acting as party appointed delay and quantum expert. (French language case).
  • ICC Paris, 100M € dispute regarding the M&E installations for the construction of a Billion Dollar cultural facility in North Africa design to receive up to 120,000 members of the general public at a single event. Acting as party appointed delay expert (French language case).
  • ICC, Bucharest, and commercial court Istanbul, dispute related to the replacement of a concrete structure subcontractor for the construction of a high-rise building complex for delays in the subcontract works. (Acting as in-house counsel/ technical advisor and coordinator over litigation in Turkey, mediation and arbitration in Romania.)
  • ICC Geneva, 100M € arbitration between general contractor joint venture partners in connection with a 100M € dispute over scope of work and delay and disruption in relation to the construction of a coal fired power plant in Europe. Co-counsel.
  • ICC Geneva, arbitration between general contractor and mechanical erection subcontractor in connection with a dispute over scope of work and delay and disruption in relation to the construction of a coal fired power plant in New Caledonia. Quantum expert witness.
  • ICC Paris, 550M € arbitration between employer and general contractor for a major LNG handling and storage facility in Europe under an EPC contract. Serving as party appointed delay expert in dispute of several hundred million Euros. (French language case)
  • Tribunal de Commerce de Paris, technical advisor in litigation with regard to additional costs and non-payment, in connection with the construction of water distribution works in Morocco. (French language case)
  • ICC, Paris, preparation of damages case as co-legal counsel to client related to a hundred million Euro arbitration between joint venture partners for the implementation of a complex mechanical system destined for use by a major European airport operator. (French language case)
  • ICC, Geneva, arbitration related to delay and disruption between joint venture partners contracted for the construction of a 500Mkw power plant in Greece (delay expert witness).
  • ICC, Stockholm, arbitration related to the implementation of a Franco-Russian government backed program to develop mass production of pre-fabricated housing (Acting as co-counsel).
  • ICC, Geneva, arbitration related to the default of a major equipment supplier for a gas injection facility in Iran (delay expert witness).
  • ICC, London, arbitration related to the construction of a shopping center located in Warsaw, Poland (Technical/ legal advisor to client.).
  • ICC, Paris, multiple arbitrations related to the construction of leisure facilities located in France (Technical/ legal advisor to client).
  • Co-drafter of Sample Bidding Tender Particular Conditions and Supervising Engineer Terms of Reference for FIDIC contracts for the European Delegation to Turkey.
  • Litigation, Kuala Lumpur, related to construction of deep foundations for ultra high-rise buildings. (Technical/ legal advisor to client).
  • Litigation, Denver USA, related to expansive soils damage to a residential development. (Technical/ legal advisor to client).

Experience: Training

June 2014

Accredited FIDIC, Module 2 and 2A (Claims and claims  administration) in-house training and team coaching organized by the Asian Development Bank, New Delhi, Bangalore.

April 2014

Accredited FIDIC, Module 2 (Claims administration) in-house training organized by the Institute for Consultancy & Productivity Research, for the Dedicated Freight Corridor Corporation of India Ltd., New Delhi.

March 2014

Accredited FIDIC Modules 1-3 plus 3a (Introduction, Claims, Dispute Boards, and Contract Administration) in-house training organized by the Ethiopian office of the World Bank, Debre Zeit, Ethiopia

February 2014

Accredited FIDIC, Module 2 (Management of Claims and the Resolution of Disputes, under  FIDIC Contracts) public training course. Ankara, Turkey.

December 2013

Accredited FIDIC Modules 1-3 plus 3a (Introduction, Claims, Dispute Boards, and Contract Administration) in-house training organized by the Ethiopian office of the World Bank, Debre Zeit, Ethiopia

June 2013

Accredited FIDIC, Module 2 and 2A (Claims and claims  administration) in-house training organized by the Asian Development Bank, New Delhi, Mysore, Hyderabad.

January 2013

Accredited FIDIC, Module 2 (Claims administration) in-house training organized by the Institute for Consultancy & Productivity Research, for the Dedicated Freight Corridor Corporation of India Ltd., New Delhi.

November 2012

Accredited FIDIC, Module 1 (Practical Use of FIDIC Contracts 1999) public training course. Ankara, Turkey.

September 2012

Accredited FIDIC, Module 2 and 2A (Claims and claims  administration) in-house training organized by the Consulting Engineers Association India, for the Asian Development Bank, New Delhi, Mysore.

September 2012

Specially adapted FIDIC three day trading course on FIDIC Red and Yellow Books for the European Union Delegation to Turkey and Project Implementation Units. Ankara Turkey.

February 2012

Accredited FIDIC, Module 2 (Claims administration) training for the Japan International Cooperation Agency (JICA), Hanoi.

December 2011

Accredited FIDIC, Module 3 (Dispute Boards) Public training organized by the Korean Engineering & Consulting Association, Seoul, Korea

August 2011

Accredited FIDIC, Module 2 (Claims administration) in-house training organized by the Consulting Engineers Association India, for the Dedicated Freight Corridor Corporation of India Ltd., New Delhi.

July 2011

Accredited FIDIC, Module 2 (Claims administration) in-house training organized by the Consulting Engineers Association India, for the Asian Development Bank, New Delhi, Bangalore, Guwahati, Bhopal.

June 2011

Accredited FIDIC, Module 2 (Claims administration) public training course sponsored by ACES and MACE, Belgrade Serbia.

March 2011

Accredited FIDIC, Module 1 (Introduction to FIDIC) public training course sponsored by ACES and MACE, Belgrade Serbia.

December 2010

Accredited FIDIC, Module 2 (Claims administration) training for the Japan International Cooperation Agency (JICA), Tokyo.

October 2010 2012

Accredited FIDIC, Module 2 (Claims administration) training for the Japan International Cooperation Agency (JICA), Hanoi.

September 2010

Accredited FIDIC, Module 2 (Claims administration) in-house training organized by the Consulting Engineers Association India, for the Asian Development Bank, New Delhi.

July 2010

Accredited FIDIC, Module 2 (Claims administration) training for the Japan International Cooperation Agency (JICA), Jakarta.

June 2010

Accredited FIDIC, Module 2 (Claims administration) public training sponsored by the Consulting Engineers Association India, Mumbai.

February 2010

Accredited FIDIC, Module 2 (Claims administration) training for the Japane International Cooperation Agency (JICA), Tokyo.

July 2009

Accredited FIDIC, Module 4 (Contract Administration) training for the Albanian Development Fund, Tirana.

Projects: Leisure and Tourism

  • Peninsula Hotel Paris, providing procurement strategy advice, and watching brief.
  • Accor Hotel group, providing claim strategy and watching brief, Paris, France
  • Villages Nature (JV of Euro Disney SCA and Pierre & Vacances), providing advice on development of project contracting documents – Marne la Vallée, France
  • EuroDisney Magic Kingdom theme park – Marne la Vallée, France. (Contracts Manager.)
  • EuroDisney Walt Disney Studios theme park – Marne la Vallée, France (Contracts Director – Managing Director)

Projects: Education and Culture

  • Kuala Lumpur City Centre including Opera House – Kuala Lumpur, Malaysia. Contracts Manager.
  • Kings College London School of Medicine teaching facilities – London. Contracts Manager.
  • Grande Mosquée in North Africa for congregations up to 120,000 people (Expert).
  • Implementation of an industrial base to mass-produce 2,500 prefabricated houses per year – Russia (Arbitration counsel)
  • EPC contract for the construction of 10,000 housing Units – Venezuela (Transaction and oversight)

Projects: Urban Development

  • 300 million Euro urban development project in Minsk, Belarussia, including luxury hotel, office and commercial complex. (Construction contract drafting)
  • EPC contract for the construction of 10,000 housing Units – Venezuela (Transaction and watching brief)
  • EPC contract for the construction of 17,000 housing Units – Venezuela (Transaction and watching brief)
  • London West End top end luxury apartment development – Stone fit out works (Claim defense on quality issues)
  • Residential complex (6×13 storey towers + 4×6 storey towers). Luxury residential complex in Bucharest – Romania.
  • Residential complex. Luxury residential complex in Bucharest – Romania.
  • Kuala Lumpur City Centre including 92 storey Petronas Twin Towers – Kuala Lumpur, Malaysia. (Contracts Manager)
  • Exxon headquarters Malaysia – 50 storey tower at Kuala Lumpur City Centre site – Malaysia. (Contracts Manager)
  • Project manager new office building – Greensboro NC
  • Project manager new office building – Charlotte NC
  • Project Manager new office building – Raleigh, NC

Projects: Retail and Hospitals

  • Kuala Lumpur City Centre including shopping Mall – Kuala Lumpur, Malaysia. (Contracts Manager)
  • Project manager shopping mall – Lynchburg, VA
  • Project manager shopping mall – Charlotte, NC
  • Shopping mall – Warsaw, Poland (Technical assistance to arbitration)
  • Project manager Moses Cone Hospital renovation – Greensboro, NC

Projects: Industrial, Power and Petrochemical

  • Advice and drafting standard particular conditions to go with FIDIC RB contracts for international tire factory projects.
  • Coal fired power plant, Europe (Expert witness)
  • Hydroelectric Power Station, Guatemala (Dispute Board Member)
  • Gas injection facility, Middle East (Expert witness)
  • Coal fired power plant, Noumea, New Caledonia (Expert witness)
  • Dry lining production facility, Vaujour France (Watching brief)
  • Silicium production facility, Saint Antin France, EPC contract negotiation.
  • Gas cogeneration power plant, Komotini, Greece (Expert witness)
  • Complex baggage handling system – (Co-counsel, specialist for quantum and delay issues)
  • Project manager Campbell’s Soup – Extension of a soup factory in Maxton, NC

Projects: Heavy Civil, Transportation and Infrastructure

  • Standing Dispute Board Member for a rolled compacted concrete dam in the Middle East.
  • Standing Dispute Board Chairman for the construction of breakwater for a major Black Sea port.
  • Co-arbitrator in a case involving railway construction in Eastern Europe.
  • Delay and quantum expert in an urban commuter rail line electrification, signalling and controls upgrade in North Africa.
  • Advice and drafting standard particular conditions to go with FIDIC RB contracts for international container ports operator.
  • Advisor to the Minister of development in an East Asian country in the matter of the termination of a contractor for delay in the performance of a contract related to motorway construction. (FIDIC MDB and IFI financing)
  • Central Asia, sole dispute board member for the construction of 50km of motorway.
  • French West Africa, sole dispute board member for the reconstruction of a national highway and principle bridge works.
  • Eastern Europe, watching brief for the construction of a 43Km section of motorway.
  • Eastern Europe, advising in litigation for the rehabilitation of 50km of national highway.
  • Hydroelectric dam in Central America (Party appointed Adjudicator)
  • Offshore drilling works in Southeast Asia (Arbitrator)
  • Dredging works for shipping lane in Central America (Arbitrator)
  • Water treatment facility in rural Romania (FIDIC Sole Adjudicator).
  • Major bridge structure for a high speed rail line in Morocco (Legal advisor)
  • Water distribution and treatment works Oujda Morocco. (Technical assistance in French court).
  • Co-drafter standard contract Particular Conditions for the EU Delegation to Turkey for water treatment, WWTP, railroad and roads works financed by the EU.
  • Civil construction for a nuclear reactor test facility (advisor to government agency)
  • Kuala Lumpur City Centre heavy foundations including barrette piles, raft foundations, slurry walls and cut and cover tunnels. (Contract Administrator)
  • Prague International Airport – tripled terminal capacity of existing airport and added taxiways, aprons and equipment – Prague CR. (Contract Administrator)
  • Strontia Springs Dam – double curve thin arch concrete dam – Colorado, USA. (Cost engineer and laborer)
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