Our Facilitators

Scott Hewlett

HENRY M MUSONDA FCIArb

Arbitrator, Adjudicator & Mediator, BEng MEng Construction Mgt, MSc Construction Law & Arbitration, FIDIC Listed Adjudicator and Trainer

Henry Musonda is the Managing Director, Kiran & Musonda Associates, Consulting Engineers, Zambia. He is a Civil Engineer and a Construction Disputes Arbitrator, Adjudicator and Mediator. He is a Fellow of the Chartered Institute of Arbitrators (UK), and the listed on the FIDIC and DRBF Presidents’ lists of Adjudicators. Mr Musonda has more than 30 years of practical and professional experience in the design, administration and project management of building and civil works and service contracts and providing advisory support on infrastructure projects including the Preparation of specifications and contract administration of European Development Funds (EDF), World Bank, DANIDA, BADEA, AfDB funded projects and to FIDIC conditions of contract.

He has international experience as an Arbitrator and Adjudicator and has strong knowledge and background of:

• Application of alternative dispute resolution methods and procedures including negotiation, amicable settlement, conciliation and Dispute Boards to Building and Civil engineering construction projects;

• Financial, technical and contractual management of large infrastructure (roads and buildings) programmes in the context of project cycle management and application of various contract forms – ICE, JCT, NEC, EDF, FIDIC and World Bank etc; and,

• Claims analysis and calculation of financial entitlements – component of all adjudication and arbitration decisions and awards.

Mr Musonda has previously worked with Ove Arup Zambia and UK offices as a construction and design engineer. He served as the President of the Engineering Institution of Zambia (EIZ) from 2009 to 2012 and as Chairman of the Association of Consulting Engineers of Zambia (2003-2006). He is a contracts specialist and has served on Dispute Boards in Ethiopia, Tanzania, Botswana, Uganda, Malawi, Rwanda and Zambia.

He has a Bachelor in Civil Engineering and Master’s Degrees in Construction Management [University of Zambia] and an MSc in Construction Law and Arbitration [Aberdeen].

He has conducted training in Contract Management, Dispute Resolution under FIDIC Dispute Boards and Arbitration for Construction personnel in Tanzania, South Africa, Uganda, Zambia and Zimbabwe.

Scott Hewlett

KEVIN SPENCE

Kevin is a registered Professional Engineer, Mediator, Adjudicator and Arbitrator with over 40 years’ experience in the Construction Industry. His experience spans across Freeway Construction, Airport Runway Rehabilitation, Dams and Water Retaining Structures, Pipelines, Civil and Building Construction, Concrete Structures, Asphalt and Concrete Road Surfacing and most recently Claims Preparation and Defence. Throughout Kevin’s professional career he has managed various business units of one of the largest construction companies in South Africa, owned a Road Surfacing Company which was later sold to a listed company before moving into dispute resolution and claims consulting. Kevin completed the Fellowship of Arbitrators Qualification and currently specialises in large scale Construction Claims and Dispute Resolution. Over the last 10 years Kevin has been involved as Mediator, Adjudicator, Arbitrator and expert witness on approximately 60 dispute matters. He is presently appointed on Dispute Adjudication Boards (DAB) in South Africa and Africa in numerous matters.  Kevin is an admitted member of the FIDIC President’s List of Adjudicators. Kevin is considered an expert on the FIDIC suite of contract documentation as well as the other three forms of contract prescribed by the CIDB.  He facilitates regularly on all the four types of contract documentation both locally and internationally. He is the only FIDIC Accredited Trainer in South Africa.
Scott Hewlett

FRANZ JACHS

Franz has extensive experience of the Built Environment. He spent a successful 23 years with Anglo American and retired in 2008. He held the position of Chief Procurement Officer and Manager Contracts. At Anglo Platinum he was responsible for the implementation and roll out of the NEC suite of conditions within the Group. Many in-house seminars and workshops were held by Franz at the various Mines and included personnel from Management and all Project related disciplines. After leaving Anglo American Franz has provided services as an independent Consultant and Specialist Trainer for various Consulting firms specialising in NEC and Procurement related matters in the Construction and Mining environment. He gained an excellent reputation and record in the industry by holding over 200 NEC seminars and workshops. Franz has an Engineering background obtained in Austria and holds a diploma in Purchasing Management.
Scott Hewlett

FRANCOIS SPIES

PrCPM, MSAIEE, MAFSA, FAArb, FCIArb

Francois Spies is an Electrical Engineer and Professional Construction Project Manager who has over 25 years’ experience in the Built Environment. With specific experience related to heavy industry construction projects within the mining, minerals processing, renewable energy and general infrastructure sectors. Over his career he has worked for mining companies, contractors, consulting engineers and equipment suppliers alike.

He is a consultant and dispute resolution practitioner servicing the construction industry, who regularly provides training on construction contracting and claim related topics. He is a Fellow of the Association of Arbitrators as well as the Chartered Institute of Arbitrators (the “CIArb”) in the UK. Furthermore, Francois is currently serving as an Executive at the Master Builders Association North, as well as the Association of Arbitrators (SA).

Scott Hewlett

SCOTT HEWLETT

Scott Hewlett is an admitted attorney, and a qualified solicitor of England and Wales. He joined Kingsbourne in 2004, and became a director of the company in 2009. Scott specialises in construction law and has represented numerous contractors in a number of mediations, adjudications and arbitrations. Scott has extensive experience on all the standard forms of contract. He also provides in-house training to Kingsbourne’s clients, in particular on the law of contract and the JBCC.

Scott Hewlett

MARC HAMMICK

Marc is a claims expert and highly experienced quantity surveyor and has been in the Southern African construction industry for 35 years. He is widely regarded as the leading dispute resolution practitioner in South Africa and is one of the directors of Kingsbourne (Pty) Ltd. Marc has served on numerous DABs both locally and internationally, boasting vast knowledge of road- works and heavy civil engineering in particular.

Scott Hewlett

TANYA GREEF

Tanya spent the early part of her career as a legal consultant where she was primarily involved in the drafting and negotiation of a wide range of complex construction contracts as well as a number of disputes. Tanya joined the Johannesburg Bar thereafter and was involved in mainly construction and engineering masters as counsel, both in the High Courts and the Supreme Court of Appeal. She spent recent years advising clients in the construction and engineering industry on the drafting of specialist and highly complex contracts and contracting strategy, claims advice, as well as on a number of major disputes.   Tanya provides advice relating to, and active involvement in, the review and drafting of commercial and contractual strategy (including preparing the documents relating thereto) prior to or at the feasibility phase, through tender stage and up to project completion. This include the examination of and advising on legal and commercial risks, the management of those risks not only in the conditions offered through invitations to tender and enquiry documents, but also throughout a project. Clients include major South African and international mining, engineering and construction companies, on various projects ranging in size from small to ‘mega’ international projects. She has in-depth knowledge of the standard forms of contract, including FIDIC, NEC, GCC and JBCC. This includes lecturing on, drafting of contracts, negotiating contracts, necessary sub-contracts, supply agreements, and any other ancillary or related agreements such as joint venture agreements and guarantees). She advises management and represents clients in various dispute resolution procedures (adjudication, arbitration and court litigation), including drafting of statements of claim/defence, opinions, preparation of all documentation required and management of negotiation with the view of amicable settlement, where required. Tanya is routinely called upon to act as an adjudicator in construction and engineering disputes, she specialises in Construction Law for CSSI.