About Paul Winfield
An adjudicator, arbitrator and mediator in Canada with ADR Chambers, Paul has over 33-years’ construction experience, progressing from site to executive level on commercial developments, industrial, transportation and infrastructure, oil and gas, processing plants, airports, rail, civil engineering, and nuclear facilities. His career experience includes contract negotiation, preliminary works, delivery and advocacy worldwide on a large variety of unique and standard form contracts.
Throughout his career, he has both administered and negotiated numerous contracts, contracting strategies and risk allocation used in the industry, and has a thorough understanding of the structure and intent of both standard form and bespoke contracts.
Paul has acted as both the contractor’s and the owner’s representative in administrative and managerial functions on various construction projects, domestically and internationally, at all levels of the business from site junior to executive level. He has also advised on, investigated and compiled claims’ narratives and quantum for the dispute resolution process, working with and reporting to senior executives, senior and King’s counsel. Paul has acted as advocate in domestic and international forums.
Paul qualified as a barrister-at-law, obtaining Call in July 2010, he is a member of the Honorable Society of the Inner Temple and the General Council of the Bar (England and Wales). Paul is also a member of the Toronto Commercial Arbitration Society, the ADR Institute of Canada, and a fellow of the Chartered Institute of Arbitrators. He is a Certified Adjudicator in Ontario and Saskatchewan and a Referee for the Ministry of Transportation and Ontario Road Builders’ Association.
Paul is perfectly placed to understand the context and circumstances surrounding a construction dispute. He knows what it takes to provide a compelling and fully substantiated claim, whilst understanding the inherent limitations that the construction industry creates. Paul will provide a fair and reasoned solution, whereby the parties will be comfortable and justified in complying with the outcome.
“I have the privilege of working with Paul in for more than a year. He is very sharp, proactive, result oriented, responsible and technically sound commercial expert. He is always ready to put all his energy and time to get the job done. He has an exceptional troubleshooting and analytical skill in commercial & claim management. Paul is a great asset to any company.”
Settling Disputes
There is no standard way in which a construction arbitration or adjudication should be conducted. Every project is, to some greater or lesser extent, unique, and the disputes that arise from it should be catered for appropriately.
Despite this, many construction arbitrations and adjudications incorporate a common approach. This is because, at the outset of the process, the decision-maker and the parties may not have considered all the practices and procedures available to them.
The practices and procedures in construction arbitration and adjudication must be expeditious and cost-effective, and the concept of party autonomy should be balanced against the insight and experience of the tribunal to find a procedure which allows it to discharge its duties without unnecessary delay or expense.
Construction disputes are usually factually and technically complex, they comprise difficult points of law and procedure and generate a multitude of documents, some of which are relevant to the matters at hand. A cross-functional construction professional with the ability to understand the following issues is key to the successful determination of a construction dispute.
Standard form contracts such as CCDC, FIDIC, JCT, NEC and IChemE are increasingly used on construction projects, all of which have their own particular mechanisms for administration, dispute avoidance and resolution as a condition precedent to arbitration or adjudication.
In recent years, the advancement of computer aided design, building information modelling and integrated digital design, together with software for scheduling, procurement, document control and record keeping have all been adopted into the construction process. These software packages are usually key to claims for delay and disruption and the resultant quantum, and it is essential that a third-party neutral has an appreciation of their capabilities and methods for demonstration of causation and impact.
In addition, an appreciation of the management and allocation of risk and responsibilities, a familiarity with the industry itself, together with an understanding of the procurement strategy, the terms and conditions of contract, the complexity of the work, contract management/administration, and the need for experts on legal or technical matters, to name but a few, should all be in the tribunal’s toolbox.
Construction disputes may involve a plethora of claims and counterclaims, and it may be desirable to split the case, not only in terms of jurisdiction, liability and quantum but also between issues relevant to some parties but not others. It may also be appropriate to separate factual or core legal issues in order to examine them separately, this is especially so in high complex, high value projects.
The tribunal is duty bound to advise the parties of the best route the arbitration or adjudication should take, to do so takes an appreciation of these key factors related to the dispute. This insight is crucial to securing a cost-effective process whilst maintaining the confidence and co-operation of the parties.
The parties should carefully consider the selection of its arbitrator(s) or adjudicator, who will not only decide on the merits, but will also have broad powers to determine the procedure of the process, including the manner in which the evidence is to be presented and considered.
Professional Profile Overview
Core Expertise
◊ 3 rd Party Neutral (Adjudication, Arbitration & Mediation)
◊ Contract Drafting
◊ Expert Reports
◊ Contract Negotiation (Terms & Conditions/Scope)
◊ Claims Identification, Preparation and Articulation
◊ Risk and Opportunity Management
◊ Forensic Analysis, and Determination
◊ Project Commercial Management
◊ Contract Administration
◊ Project Controls, Schedule/ Programme
◊ Procurement
Qualifications
◊ Fellow of the Chartered Institute of Arbitrators (CIArb)
◊ Certified ODACC Adjudicator in Ontario
◊ Qualified Arbitrator – ADRIO
◊ Qualified Mediator – ADRIO
◊ Toronto Commercial Arbitration Society – Gold Standard in Commercial Arbitration
◊ Barrister at Law – Bar Vocational Course – Call July 2010
◊ LL.B. Law (England & Wales)
◊ ADRIC-RICS Adjudication Advocate
◊ HNC Construction (Building & Quantity Surveying)
Arbitration Affiliation and Training Rosters
Designations/Affiliations
Vocational Training
◊ ODACC Certified Adjudicator Training
◊ SCDRO (Saskatchewan) Certified Adjudicator Training
◊ CIArb – Accelerated Route to Fellowship
◊ Toronto Commercial Arbitration Society – Gold Standard in Commercial Arbitration
◊ ADRIO – Qualified Arbitrator
◊ ADRIO – Qualified Mediator
◊ Negotiating Contracts in the Oil & Gas Industry
Professional Designations and Affiliations
- Panel Member – ADR Chambers
- Fellow of the Chartered Institute of Arbitrators
- ADRIC-RICS Adjudicator and Advocate
- Unregistered Barrister at the Bar of England and Wales
- Member of the Honourable Society of the Inner Temple
- Member of the Toronto Commercial Arbitration Society (TCAS)
- ODACC Adjudicator
- ADRIO Referee – MTO and ORBA
- ADRIO Qualified Arbitrator
- ADRIO Qualified Mediator
- Member of the ADR Institute Ontario (ADRIO)
- Member of the ADR Institute Canada (ADRIC)
- Member of the ADR Institute of Saskatchewan (ADRSK)
- ADRSK Adjudicator
- Member of the Canadian Chamber of Commerce
- Member of the Society of Construction Law – North America
Let's Resolve Something
Hire a qualified adjudicator, arbitrator and mediator in Ontario who also has extensive Domestic and International on-site construction experience.
Resolve your construction dispute legally without costly litigation.
Paul Winfield LL. B (Hons), BVC
(905) 301 9160
[email protected]