Overview

Carlos Loayza has over 20 years of experience in the design and construction of civil and mechanical projects, and on project advisory. His expertise includes advising clients on projects that have failed to meet time expectations. Carlos has been appointed as expert witness in relation to delay and disruption aspects of project disputes in adjudication, international arbitration (ICC, LMAA, Ad Hoc, and CAM), and litigation and has given written and oral testimony (in person and virtually) multiple times before the High Court of England and Wales (TCC), and in international arbitration (both in English and in Spanish).

Carlos has worked on projects and disputes located in the UK, Europe, Middle East, Africa, Asia, and South America. He has experience across a broad range of project sectors including real estate, oil and gas, power generation, transport infrastructure projects, offshore construction, shipping, government, and public sector projects.

Project Experience

Power

• Appointed in High Court proceedings (TCC) as delay expert by the main contractor to provide advice in connection with delays and termination of an EPC contract for a £150 million 28 MW energy-from-waste power plant in northern England.
• Appointed as delay expert on behalf of multinational power EPC contractor in international arbitration under the Madrid Chamber of Arbitration regarding US$ 10 million dispute in connection with delays to the fabrication of heat recovery steam generators for two combined cycle power plants (850 and 857 MW) built in northern Mexico.
• PBS Energo A.S vs Bester Generación [2020] EWHC 223 (TCC). Appointed as delay expert on behalf of Spanish EPC contractor, Bester Generación, in High Court proceedings (TCC) in relation to disputes arising from the termination of an EPC contract in connection with the construction of a 5 MW biomass powerplant in Wales. Regarding delay matters, Mrs Justice Cockerill preferred Carlos’s evidence and referred to it as “more robust” and said that “his methodology was plainly an acceptable and appropriate methodology which was transparent”.
• Appointed as delay expert by an Insurer in connection with an arbitration before the Danish Institute of Arbitration regarding delays to four biomass and waste-to-energy power plants built in the UK.
• Appointed as delay expert in High Court enforcement proceedings (TCC) in relation to disputes arising out of the termination of an EPC contract in connection with the construction of a 5MW biomass powerplant in Wales.
• Appointed as delay expert in adjudication related to disputes arising due to delays to the design, procurement, and equipment fabrication of a biomass powerplant.
• Appointed as delay expert on behalf of Chinese EPC contractor to assess delays in connection with the construction of a 60 MW solar power plant in Central Africa in anticipation of ICC arbitration.
• Advised main EPC contractor in connection with an ICC arbitration related to delays and termination to the construction of a 425MW Combined Cycle power plant in Oceania. The plant comprised five 40MW GE gas turbines and three 75MW GE steam turbines plus ancillary equipment.
• Advised London reinsurers in connection with an ICC arbitration related to delays to the construction of a 3.28GW hydroelectric plant in Brazil, close to the border with Bolivia. The power plant entailed 40 hydroelectric turbine-generator sets. The case settled before the hearing.
• Delay analysis and preparation of Expert’s report in connection with the delays to the construction of a gas fired power plant in Qatar.
• Delay analysis and preparation of Expert’s report in connection with the delays to the design and construction of a new 1,275MW combined cycle gas turbine power plant in east England. The power plant comprised three Alstom natural gas fired combined cycle turbines.

Onshore Oil and Gas, and Pipelines

• Large oil processing plant in the Middle East. Regarding an ICC arbitration, on behalf of the main contractor, Carlos assessed in detail and provided advice in connection with delays and disruption to the construction of the plant over a period of 18 months.
• Large Oil Refinery Arbitration in Saudi Arabia. Disruption and delay analysis in connection with the construction of the civil works of large oil refinery. Arbitration proceedings under ICC rules. Carlos was involved over a two-year period until settlement after serving expert reports.
• Large expansion of oil refinery in Europe. ICC arbitration in connection with delays to the construction of this refinery. Carlos was involved from the initial investigative stages until the hearing in London.
• Delay analysis and preparation of Expert’s report in connection with the delays of a gas storage and gathering plant in Turkey with associated pipelines. Causes of delay included delayed supply of line pipe by the owner. Offshore

Offshore Oil and Gas and Shipping

• Appointed as delay expert by a shipyard in relation to an international arbitration under Norwegian Ad Hoc rules in connection with delays to the completion of the fabrication and sail away of a €150 million PC3 Icebreaker class vessel fabricated in western Europe. Carlos was cross-examined and gave a presentation to a three man-tribunal during a week-long hearing in Oslo.
• Appointed as delay expert on behalf of the owner in relation to an international arbitration under LMAA rules brought by a shipyard for delays and termination of a US$ 56 million shipbuilding contract in connection with the design and fabrication of a self-elevating liftboat fabricated in Asia. Carlos gave oral evidence (cross examination) in the hearing before a three-man Tribunal in London.
• Provided expert advice ahead of litigation to an oil and gas company in relation to delays to the design and fabrication of an offshore accommodation module for a North Sea gas field. He advised on the causes of delay to the project, including delays in design, structural erection, mechanical fabrication and installation and commissioning. The dispute settled before formal proceedings commenced.
• Provided advice to an oil and gas company in relation to claims brought by the main fabricators for delays to the completion of the fabrication of three offshore gas platforms. Carlos provided advice in relation to the causes of delay and disruption to the project, including delays in design, structural erection, mechanical fabrication and installation and commissioning. The case settled before TCC hearing.
• Analysed the delays and costs associated with the late construction of a €213 million offshore semi-submersible oil rig. Prepared information and reports for acting solicitors and QC in relation to the €60 million construction dispute.
• Advised an oil and gas company in relation to delays to the completion of the offshore hook up and commissioning of gas offshore platforms in the North Sea. He undertook a delay analysis to understand the delays to the achievement of First Gas in two different fields.
• Delay analysis of the upgrading of a semi-submersible oil rig on behalf of a shipping company. Carlos undertook an independent forensic delay analysis, determined the critical path, causes of delay and prepared a report for a hearing under the Singapore Court of Maritime Arbitration.

Commercial, Hotels, Residential and Public Buildings

• Appointed as delay expert in an ICC international arbitration in relation to the construction of a luxury resort and shopping mall in the middle east. The case was adjourned before the oral hearing.
• Appointed as delay expert in anticipation of adjudication between a contractor and property developer in relation to the refurbishment of a three-storey building in central London.
• Appointed as delay expert in relation to a domestic adjudication between a property developer and a contractor on the conversion of an old student accommodation building in central London into luxury flats.
• Analysed delays in connection with a high-rise building construction in Qatar in connection with an ICC arbitration brought forward by the MEP subcontractor against the main contractor. Acting on behalf of the main contractor, Carlos was involved in the forensic analysis of delays to the project.
• Olympic Village, East London. Acting on behalf of the main contractor, He undertook the forensic analysis of delays to the construction of several blocks of flats part of the Olympic Village. The case was settled before the TCC hearing.
• Analysed delays to the renovation (gut out) of a £24 million offices building in central London.
• In connection with delays to the construction of a high-rise complex in the UAE. He led a team of consultants in the assessment of delays acting on behalf of the complex owner. The assessment included analysis of critical delays to the project and apportionment of delays to the contractors.
• High rise building complex in the Middle East. Acting on behalf of the contractor, he was involved in the independent forensic analysis of delays.
• TCC dispute. Assessment and analysis of the delays associated with the construction of a cultural centre building in southern England built with a concrete structure over piled foundations. Case settled well in advance of the hearing.

Infrastructure

• Appointed as delay expert by a large UK developer/contractor in connection with an adjudication regarding the construction of a road network in East London built for a new development.
• Appointed as delay expert on behalf of a North American fabricator and contractor to provide written an oral testimony in international ICC arbitration in connection with the construction of three sport arenas in the Caucasus.
• Appointed as delay expert by an international contractor to undertake an independent assessment of the delays to the construction of a military aircraft hangar in Western Europe in preparation for negotiations and potential dispute.
• DIAC arbitration, Carlos analysed delays to the completion of MEP and IT systems of large Middle East Airport.
• In connection with an ICC arbitration, he advised a client in relation to the construction of the primary infrastructure for a new city in the Middle East. The project entailed the construction of a number of reinforced concrete buildings, roads, mass excavation and construction of a network of reinforced concrete utility tunnels to house services and the MEP installation within the constructed buildings and tunnels. In addition, the project included the construction of two main buried and underground (inside the utility tunnels) pipelines for district cooling and water.
• Carlos was part of a team that analysed delays to the expansion of an existing urban metro system in the Middle East. The project included the construction of viaducts, cut and cover and bore tunnels, underground and elevated stations, permanent way, and MEP and E&I works.
• Assessment and analysis of the delays and disruption associated with the construction of a £115 million single carriageway road in Southeast Asia on behalf of a Japanese contractor.
• International arbitration, Carlos analysed the delays to the construction of a €130 million dual carriageway in West Africa.
• In connection with the construction of a major hub airport in the middle east, he provided preliminary advice ahead of legal proceedings on likely causes of delay in relation to the heavy civil works package. Analysis entailed delays to construction of runways, road networks, services, and standalone facilities.
• Carols was retained by a large UK outsourcing contractor to analyse the delays to the ongoing construction of a large hospital in southern England. He prepared a report in connection with the delays and presented his findings to the legal team and executives of his client.
• In connection with delays to the construction of water treatment facilities in the Middle East, Carlos led a team investigating delays and loss of productivity that occurred in the construction of a water treatment plant including analysis of the effects of weather, material shortages and change on the contractor’s ability to complete the project.

Loss Profits and Fraud

• Analysis of potential fraud on a property development investment fraud on behalf of an Eastern European Bank. Tasks included evaluation of development contract documents, tender process and tracking of the decision-making process to award financing for the development.
• Prepared a loss profit claim for a large open pit mine located in Central Peru. His duties included preparation of a loss profits model and forensic analyses of documentation produced in Spanish and interviews with Spanish speaking staff.