Andrew Griffiths

Overview

Andrew specialises in dispute resolution and dispute avoidance including Dispute Boards, Adjudication, Mediation and Arbitration.  Professional practice as a consulting engineer in Civil Engineering, with particular experience in Dams, Tunnels and Underground works.

Country Experience

South Africa, Lesotho, Botswana, Swaziland, Zambia, Malawi, Mozambique, Uganda, Rwanda, Tanzania, Kenya, United Kingdom, Lao PDR, Vietnam, Philippines, Pakistan, UAE, Oman, Venezuela.

Languages Spoken – English

---

Career History

• Independent Dispute Resolution Practitioner – Adjudicator, Dispute Board Member, Mediator and Arbitrator (2016 – Present).
• Director: Contractual Affairs – Hatch Goba (Pty) Ltd, Johannesburg, South Africa (2013 – 2016).
• Director & Exco member – Goba (Pty) Ltd, Johannesburg, South Africa (2005 – 2013).
• Director – Goba Moahloli Keeve Steyn (Pty) Ltd, Johannesburg, South Africa (2001 – 2005).
• Director – Keeve Steyn (Pty) Ltd, Johannesburg, South Africa (1993 – 2001).
• Associate – Keeve Steyn (Pty) Ltd, Johannesburg, South Africa (1988 – 1993).
• Engineer – Keeve Steyn (Pty) Ltd, Johannesburg, South Africa (1981 – 1988).
• Engineer – Sir William Halcrow & Partners, UK (1976 – 1981).

Academic Qualifications

• H Dip Arbitration (Specialisation in Construction Law), Association of Arbitrators (Southern Africa) (2000).
• MBA, University of Witwatersrand (1990).
• MSc, Reading University UK (1979).
• BSc (Hons), Civil Engineering, Leeds University, UK (1976).

Professional Memberships

• Past-President – Dispute Resolution Board Foundation (DRBF).
• Fellow – Institution of Civil Engineers (UK).
• Fellow – SA Institution of Civil Engineering.
• Fellow – Association of Arbitrators (Southern Africa).
• Member – Society of Construction Law (UK).
• Pr Eng – Professional Engineer (SA).
• C Eng – Chartered Engineer (UK).
• FIDIC – President’s List of Approved Dispute Adjudicators.
• DRBF – Recipient of the 2019 Al Mathews Award for Excellence in Dispute Board Practice.
• FIDIC – Assessor for FIDIC President’s List of Approved Adjudicators Assessment Workshops.
• ICE-SA – NEC Adjudicators Panel Member.

Committee Membership

• Member – Editorial Advisory Board, ICE Proceedings – Management, Procurement and Law (2011 – 2019).
• Engineering Council of South Africa (ECSA) – Dams Committee. Statutory body tasked with registering persons approved for the design of dams within various height and risk categories (2013 – 2016).
• SANCOT (South African National Committee on Tunnelling) – Committee Member (2005 – 2015).
• Consulting Engineers of South Africa (CESA) – Legal Forum Committee Member (2010 – 2014).
• Consulting Engineers of South Africa (CESA) – Quality & Risk Management Committee Member (2009 – 2013).

---

Project Experience

Engineering Project Experience

• 2009–2014: MOKOLO – CROCODILE WATER AUGMENTATION PROJECT. Chairman of Management Committee and Contracts Specialist for R14 billion pipeline project to supply water to the Lepalale / Waterberg Coalfield area. (FIDIC Red Book).
• 2008–2014: THUNE DAM, BOTSWANA. Project Director for Thune Dam, a 32.5m high by 1,500m long clay core earthfill dam with a central RCC spillway. Project also includes a water treatment works, pumpstation, delivery pipeline and access road. (FIDIC Red Book).
• 2005–2009: DAM SAFETY REHABILITATION PROGRAMME. Project Director for rehabilitation of nine dams (eight earthfill and one concrete) varying in height from 10m to 50m. (SA GCC).
• 2003–2009: BERG WATER PROJECT.  Chairman of the Management Committee and Contract Specialist. The Berg Dam comprises a 70m high by 990m wide concrete faced rockfill dam with a side channel spillway. Chairman of DAB for pump-station civil works, weir, balancing dam and de-silting works. (FIDIC Red Book).
• 2007–2011: De HOOP DAM, RSA. Management Committee Representative and Contract Specialist for De Hoop Dam, an 81m high by 1,020m long RCC dam with a central spillway. (FIDIC Red Book).
• 2004–2007: DURBAN HARBOUR TUNNEL. Project Director for award winning soft ground sub-aqueous tunnel (FIDIC Red Book).
• 2005–2014: VAAL RIVER EASTERN SYSTEM AUGMENTATION PROJECT (VRESAP). JV Manco member, Project Director, the Engineer and contracts specialist advisor for 120km, 1.9m dia pipeline from Vaal Dam to Secunda. (FIDIC Red Book).
• 2005–2009: LESOTHO HIGHLANDS WATER PROJECT, FURTHER PHASES FEASIBILITY STUDY. Member of the Management Committee and specialist reviewer.
• 2001–2005: GAUTRAIN. Manco member of engineering JV and specialist advisor on tunnelling & contracts, Value R7 billion.
• 2003–2005: LEEUWKOP RELIEF OUTFALL SEWER. Project Director. Includes pipeline, tunnel, pipe bridge and short pipe-jack. Value 45m (SA GCC)
• 1999–2004: LESOTHO HIGHLANDS WATER PROJECT – LHWP, PHASE 1B, MOHALE TUNNEL AND MATSOKU DIVERSION. Project Director and “The Engineer”. Mohale Tunnel is 32 km long. Value R905 million. Matsoku Diversion Project comprises an 18m high mass concrete weir and 6 km long tunnel. Value R290 million. (FIDIC Red Book).
• 2001–2002: MAGUGA DAM, SWAZILAND. Management Committee. 110 m high, clay core rockfill dam. Project Value = R500 million (FIDIC Red Book).
• 1988–2000: LESOTHO HIGHLANDS WATER PROJECT – LHWP, PHASE 1A, KATSE DAM AND TRANSFER TUNNEL. 1997-2001 Project Manager,1993-1997 Deputy Project Manager, 1990-1993 Senior Contracts Engineer, Project Value = R2.6 billion. Responsible for all aspects of JV’s operations for design, project management and construction supervision. From 1997, the Engineer in terms of the FIDIC conditions of contract. Katse Dam: Double curvature concrete arch dam, 185m high. Transfer Tunnel:  45 km long, 5m dia TBM driven tunnel. (FIDIC Red Book).

Experience in Dispute Resolution

Dispute Boards in Progress

• DB Member: 3-person standing DB for the Polihali Dam, Lesotho (166m high CFRD). Contract Value $450m (FIDIC Pink Book /MDB Contract). Completion expected Aug-29. (commenced 2023).
• DB Chairman: 3-person standing DB for the Mololos-Clark Railway Project CP N-04, Manila, Philippines, comprising 6.5 km of rail line, 2.5 kms of depot access line and an underground station at Clark International Airport. Contract Value $385m (FIDIC Pink Book /MDB Contract). Completion forecast Sep-27 (Commenced 2013–2014).
• DAB Chairman: Chairman of 3-person standing DAB for the Mtentu River Bridge in the E Cape, South Africa. The bridge is a multi- span concrete box girder bridge, 1133m long, with a balanced cantilever central span of 260m at a height of 223m. Contract Value US$180m (FIDIC Red Book). Completion forecast Dec-27 (Commenced 2023).
• DB Member: 3-person standing DB for the Kariba Dam Spillway refurbishment contract, Zambia/Zimbabwe. Contract Value $40m. Completion forecast Oct-25. (FIDIC Pink Book /MDB Contract) (Commenced 2020).
• DAB Chairman: Chairman of 3-person standing DAB for the Msikaba Bridge in the E Cape, South Africa. The bridge is a 580m span cable stay bridge, with 127m high pylons, crossing a 195m gorge. (FIDIC Red Book). Contract Value US$120m. Completion forecast May-27 (Commenced 2019).
• DB Sole Member: Sole Member standing DB for two advanced infrastructure projects on the Lesotho Highlands Water Project Phase II, namely Polihali Dam Western Access Road, and the Rehabilitation of the Northern Access Road to Katse Dam (FIDIC Pink/MDB Contract). Contract Value US$50m. Completion Dec-24 (Commenced 2020).
• DAB Chairman: Standing 3-person DAB for contract for 85 buildings/structures at Kusile power station (FIDIC Red Book) Contract Value US$126m. Completion achieved (Commenced 2013).

Dispute Boards Completed

• DB Member: 3-person standing DB for the Dasu Hydropower Project on the Indus River in Pakistan, comprising a 245m high RCC Dam and a 2,160 MW Underground Power Station. Contract Value $660m (FIDIC Pink Book /MDB Contract) (2021–2024).
• DB Sole Member: Sole member standing DB for the Rusumo Falls Hydropower Project in Rwanda/Tanzania. Contract value US$50m. (World Bank Standard Form / FIDIC Yellow Book). Completion Mar-24 (2018–2024).
• DB Chairman: Standing 3-person DB for a 103km roads contract in Northern Zambia (FIDIC Pink Book /MDB Contract) Contract Value US$ 35m. Completion Dec 23 (2021–2024).
• DAB Member: Standing 3-person DAB for the Balance of Plant Mechanical at Kusile coal fired power station, South Africa (FIDIC Red Book) Contract Value US$34m. Completion achieved (2015–2024).
• DB Member: 3-person ad hoc DB for the Lach Huyen Port Infrastructure Construction Project (Road and Bridge Portion), Vietnam. The project included a 5.4km long bridge, an interchange and 9km of road. Contract Value $270m. (FIDIC Pink Book /MDB Contract). Completed Jan 23 (2021–2023).
• DAB Panel Member: Panel member for ad hoc disputes on Gautrain high speed rail PPP Operation and Maintenance Phase, South Africa (2020–2023).
• DAB Member: Member of 3-person standing DAB for the Nam Theun 1 HEPP – Civil and Hydro-mechanical works for a 177m high RCC Dam, and 650 MW power station in Lao PDR. (FIDIC Red Book) Contract Value US$500m (2017–2022).
• DB Chairman:  Standing 3-person DB for the Kazangula Bridge Project (950m long) over the Zambezi River between Botswana and Zambia. The bridge is an extra-dosed cable stay bridge, 950m long, with 8 spans. (FIDIC MDB Harmonised Contract – Pink Book) Contract Value US$162m. Completion Sept 2020 (2015–2020).
• DAB Chairman: Standing 3-person DAB for ORWRDP2, a 45km 1.3 to 1.8m dia. steel water pipeline and pump-station project (FIDIC Red Book) Contract Value US$163m (2012–2022).
• DB Sole Member: Sole member standing DB for the Lusaka Sanitation Project in Lusaka, Zambia. (FIDIC Red Book) Contract value US$5m. Completed Aug 2019 (2018–2019).
• AB (Adjudication Board) Member: 3-person Ad Hoc Dispute Board for a contract for doubling of the Simon Vermooten Road in Pretoria, South Africa. (SA GCC 2010) Contract value US$20m. Completed Nov 18 (2018).
• DB Sole Member: Sole member standing DB for the Nkula A Hydropower plant rehabilitation and Upgrade in Malawi. (FIDIC Yellow Book) Contract value US$45m. Completed Sept 2018 (2017–2018).
• DB Chairman: Standing 3-person DB for a 66km roads contract in Western Uganda (FIDIC MDB Harmonised Contract – Pink Book) Contract Value US$39m. Completed Merch 2020 (2017–2020).
• DAB Sole Member: Sole member standing DAB for 2 contracts (CP7 & CP8) on the Lusaka Drainage Project, Zambia (FIDIC MDB Harmonised Contract – Pink Book) Contract Value US$50m. Completed May 2019 (2016–2019).
• DAB Member: Standing 3-person DAB for the Massingir Dam – Rehabilitation of Bottom Outlet Works in Mozambique. (FIDIC MDB Harmonised Contract – Pink Book) Contract Value US$50m. Completed achieved Jan 2018 (2016–2018).
• DB Chairman: Standing 3-person DB for a 110km roads contract in Eastern Zambia (FIDIC MDB Harmonised Contract – Pink Book) Contract Value US$ 80m. Completed Nov 2017 (2014-2017).
• DAB Sole member: ad-hoc DAB for a dispute on a contract for Reinforcement and Extension of the National Transmission Power Grid in Mozambique. (FIDIC Yellow Book) Completed Dec 2017 (2017).
• AB (Adjudication Board) Sole Member: Ad-hoc adjudicator for a dispute on water treatment plant in Limpopo, South Africa. (GCC 2010) Completed October 2017 (2017).
• DAB Sole Member: Sole member ad hoc DAB for a security and telecommunication installation project in Botswana. Completed May 2016 (2016).
• 2013–2016: DAB Sole Member: Sole member standing DAB for a 67km roads contracts in Lesotho (FIDIC Red Book) Contract Value US$ 34m. Completed April 2016.
• DB Sole Member: Sole member standing DB for a 38km roads contract in Lesotho (FIDIC MDB Harmonised Contract – Pink Book) Contract Value US$15m. Completed December 2015 (2014–2016).
• DAB Sole Member:  Sole member ad hoc DAB for a structural steel installation sub-contract at Medupi Power Station (FIDIC Red Book) (2015–2016).
•  DAB Chairman: Ad-hoc 3-person DAB for 2 disputes on a major sub-contract at Medupi Power Station (FIDIC Yellow Book) (2012–2014).
• DAB Member: Ad-hoc 3-person DAB for disputes on a major contract at Medupi Power Station (FIDIC Yellow Book) (2013–2014).
• DAB Member: Dispute Board Member (Ad-hoc DAB) for a pipeline project in KZN South Africa (SA GCC 2010). Completed 2013.
• DRB Chairman: Ad hoc 3-person Dispute Review Board for Injaka Dam, South Africa (SA GCC). Completed 2004.

Experience as Adjudicator

• Adjudicator: Dispute on Koeberg Nuclear Power Station, South Africa (NEC3 Term Service Contract) (2019).
• Adjudicator: Dispute on termination of a harbour container berth contract, South Africa (NEC3) (2019).
• AB (Adjudication Board): Single person Adjudicator for a dispute on the Termination Certificate for a water treatment plant in Limpopo, South Africa. (GCC 2010) (2019).
• Adjudicator: Dispute on boiler super-heater header replacement project, South Africa (NEC PSC) (2017).
• Adjudicator: Dispute on structural engineering design contract, South Africa (NEC PSC) (2017).
• Adjudicator: Disputes (15 no.) on Replacement of Corroded Firewater Network Project, South Africa (NEC3) (2015–2016).
• Adjudicator: Dispute on civil and mechanical works contract for a gas supply project, South Africa (NEC3) (2016).
• Adjudicator: Dispute on Electrical and Instrumentation Contract on VOC Abatement Project, South Africa (NEC3) (2015–2016).
• Adjudicator: Dispute on GOX Project, South Africa (NEC3 PSC Contract) (2015).
• Adjudicator: Dispute on Replacement of Corroded Firewater Network Project, South Africa (NEC3) (2014).
• Adjudicator: Dispute on building project in Western Cape, South Africa (NEC3 Short Form) (2014).
• Adjudicator: 11 No disputes on GHHER Project, South Africa (NEC3) (2013–2014).
• Adjudicator: Disputes on a pipeline diversion contract, South Africa (NEC3) (2013).
• Adjudicator: Disputes on TOC Abatement Project in South Africa (NEC3) (2013).
• Adjudicator: Disputes on gas pipeline project, South Africa (NEC3) (2013).
• Adjudicator: Disputes on gas pipeline project, South Africa (NEC3) (2012).
• Adjudicator: 2 Disputes on FT Wax Expansion Project Work Package 03, South Africa (NEC3) (2012).
• Adjudicator: Dispute on FT Wax Expansion Project Work Package 06, South Africa (NEC3) (2012).
• Adjudicator: 2 Disputes on pipeline diversion project, South Africa (NEC3) (2012).
• Adjudicator: Dispute on sewer & water pipeline project, South Africa (NEC3) (2011).
• Adjudicator: Dispute on water pipeline, reservoir and access road project, South Africa (NEC3) (2010).
• Adjudicator: – INGULA PUMPED STORAGE SCHEME, RSA 7 disputes on the Main Access Tunnel and Construction Access Tunnels (NEC2) (2009).

Experience as Arbitrator, Mediator & Other

• Dispute Assessor: Sole person assessor for an Opinion on a dispute about design and geotechnical matters on the Polihali Dam, Lesotho (166m high CFRD). Completed February 2021. Parties were able to settle the dispute on the basis of the Opinion (2019-2020).
• Arbitrator: Member of 3-person tribunal for a dispute on a university campus road and infrastructure construction contract in Botswana (2018–2019).
• Arbitrator: Dispute on roads sub-contract in South Africa under the Association of Arbitrators (Southern Africa) Rules. Dispute settled (2016–2017).
• Arbitrator: Dispute on piling contract in Namibia under the Association of Arbitrators (Southern Africa) Rules. Dispute settled (2015-2016).
• Mediator: Dispute on Wastewater Treatment Works near Johannesburg (SA GCC 2004) – Mediation successful (2013).
• Mediator: Dispute on generator installation and refurbishment contract in Kenya. Mediation agreement achieved and dispute settled. (FIDIC Short form) (2010-2011).
• Arbitrator: – 6 DAMS, SMITHFIELD DISTRICT, RSA Dispute on 6 small earthfill dams, one of which failed during first flood. The Disputes were settled during the arbitration hearing (2008).
• Mediator: Factory roofing project (2005).