Mark Winterburn BSc (Hons), FRICS, FCInstCES, ACIArb

DIRECTOR
Main Contractor-trained Chartered Quantity Surveyor, Commercial Director/Manager and Quantum Expert Witness with over 30 years’ experience in pre- and post-contract roles on a variety of building and infrastructure projects.

Strong commercial and contractual awareness; experienced in reviewing and negotiating contracts, resolving complex variations to final account and also the assessment, preparation and negotiation of construction claims and disputes under NEC and JCT forms of contract.

  • Sir Robert McAlpine, Peninsula Hotel October 2023 – July 2024

    Joined claims team after the project was handed over to prepare prolongation studies reviewing and advising on trade contractor entitlement to extension of time claims under bespoke developer’s trade package contracts.

    JD Excavation, Strategic Pipeline Alliance – July - September 2023

    Negotiated and agreed 2 separate NEC 4 Option A agreements for the excavation and pipelaying contracts with the SPA Alliance. Also set up the commercial systems and procedures and provided a hand over to the incoming QS to manage the project.

    Mc Bride, Coulport Groundworks and Security Fencing – June - July 2023

    Reviewed NEC 3 Option A subcontract and prepared and negotiated £14m final account with the main contractor to successful conclusion.

    Mizen Properties Limited (in administration) August 2022 – April 2023

    Headed up a team to compile and submit a £2.4m variation account, £1.5m prolongation claim and defence against delay damages and a defence against a £800k counterclaim for defects under a complex amended JCT 2016 D&B form of contract for £20m residential project.

    Prepared, managed and won adjudication on a disputed matter against a housing association on an £18m social housing project. (Referral, reply and surrejoinder).

    Network Rail - Crossrail Station Enhancement Project, January 2022 - December 2022

    Initially appointed as Expert Witness to provide an opinion on an amended NEC4 Option A form of contract and particular conflicting clauses. Re-opened, reviewed and provided position papers on a number of previously rejected compensation events to provide a third-party position on contentious matters which were then taken to conclusion and close-out.

    Network Rail - Werrington Dive Under, March 2021 – January 2022

    Reviewed, negotiated and settled over 170 Main Contractors changes relating to a £160m railway Infrastructure Project. Assessed and established the principle and quantum of CEs valued at circa £15m and reached final agreement with the Main Contractor.

    BCM Construction – July 2020 - April 2021

    Drafted and negotiated the terms of all the subcontracts for Liverpool Street Platform Extension Project carried out over Christmas 2020 and Easter 2021 blockades. Based contract was NEC4 Option A, Main Subcontracts were NEC4 Option A Subcontracts and minor works NEC4 Short Form of Subcontract.

    • Surface Protective Coatings - HMP Northumberland NEC 3 Final Account

    • Charles Edward - Expert Witness in connection with a high court action.

    • MP Build - Kings College and St Gabriel’s College JCT 2016 D&B Prolongation claims

    • Vinci – Nottingham Tram (NET-2) Claim

    • Atkins - Victoria Station and Bank Station Upgrade, NEC change management

    • William Hare Group – Bradwell Power Station NEC 3 Final Account

    • CJ Pryor – Various commercial director duties

    • Costain – Commercial Manager on UK Power Networks NEC Framework

    • Galldris Construction - Commercial Director overseeing £50m portfolio and 17 staff

    • Morgan Sindall - Commercial Manager Paddington Station roof

    • Balfour Beatty Carillion Joint Venture – East London Line claims manager

    • May Gurney – MQS East Anglia station refurbishment framework

    • Westinghouse – Commercial Manager Coventry Resignalling