Giesa, Helmut F.

Dipl.-Ing. Univ. Prof Eng. Wirtschaftsingenieur

b. 1957

Current activity

[i] Civil Engineer with Economical and legal Background ... [ii] FIDIC Claim management: identify evidences, substantiate the entitlements, defend and resolve Claims ... [iii] FIDIC Variation management either initiated by Employer or by Contractor / Value Engineering ... [iv] Evaluation expert for Merits / entitlements to safeguard the essential facts ... [v] Valuation expert for Quantum in time, cost plus profit with forensic Disruption and Delay Analysis ... [vi] Support for Referrals / responses to Statement of Cases (SoC) / rejoinders / rebutals for Dispute Boards ... [vii] Hearings + DB decission ... [viii] Amicable Settlement and prefered ... [ix] Alternative Dispute Resolution (ADR) like Mediations or Conciliations instead >>> [x] Arbitral Tribunals with the uncertainty of recognization, enforcement and challenges.

Professional focus

Construction/Engineering
Compliance
Intellectual Property
Real Estate
Infrastructure and Transport
Project management
Quantum expertise
Insurance

Areas of law

Adjudication/Dispute Boards
Alternative Dispute Resolution (ADR)
Construction law
Civil law
EU law
Mediation
Conciliation
Environmental law
Contract law

My career

  • Our holistic and hands-on experiences in TECHnical, FINancial, ADMINistrative and CONTRACTual Management are the conditio sine aqua non of our success rate for Claim and (Alternative) Dispute Resolutions
  • RESOURCE management with MONTHLY performance indicators: Plant's output production, Equipment utilization, fuel / lubricants consumption, Material flow (steel, bitumen, cement), prefabricated elements, Human resources (productive + unproductvie), facts meaningful taken and countersigned in Engineer's diary
  • SCHEDULING / time planning, Network, sequences, dependencies, Critical Path Analysis, monthly rate of progress monitored (scheduled against perfromed output), forensic disruption and delay analysis a) Analysis Methods (planned ./. built, impact vs plan, collapsed, tim impacted, time slice) and b) time-related approach [prospective, contemporaneous (recommended), retrospective critical path approach] either with production rates or cost-based methods] (i.e. Earned Value Analysis); float owners.
  • COST Planning with prime costs / direct, TIME- and VALUE related costs / indirect costs, site establishment and site dismantling, production rate > unit rate computation . Our Experts have practical COST ESTIMATE experiences to derive Unit Rates and competitive Bid Prices.
  • Claim and Variation management : CAUSATION / ENTITLEMENTS + Effects / Quantum in Time, cost, profit to increase the scope of works for Contractors or Employer's / Engineer's intentions. We provide our expertise for Employers and Contractors. Donors obviously are more interest to comply with the Environmental and Social Frameowork, as with OVERSPENDING of monies. If properly justified, apparently nobody will challenge the EMPLOYER's initiated VARIATIONS or Contractor's VALUE ENGINEERINGs (due to Employer's Design errors / Requirements).
  • Our Consulting Experts support Employers and/or Contractors in the pre-phases (Statement of Cases, rejoinders, rebuttals), HEARINGs and post-phases of DB / DAB/ DRB / DAAB Dispute AVOIDANCE and Adjudication Board like AMICABLE SETTLEMENT / Conciliations / Arbitrations.
  • We are ready to support the ARBITRAL Tribunals as a competent TECHNICAL SECRETARY or as an party-appointed CONSULTANT Expert with our competence, success rate and fair market value.
  • Regress: If incompetent Contractors and/or Architect/Engineers do not PERFORM sufficiently and do not DELIVER the promised services/works adequately - within the time-, cost and quality frames - due to INFRINGEMENT of their contractual obligations - GuB supports the Clients/Customers receiving INDEMNIFICATION of their occured loss and damage, esp. if the requirement "Fit For Purpose" was not met.
  • We recommend to our customers to settle their Disputes by MEDIATIONS or by CONCILIATION proceedings.
  • We provide theoretical knowhow and practical advices / service input for specific cases. Tutoring and Servies for a specific claim or dispute resolution. We facilitate workshops : www.GuB21.de/42FIDIC+EDF.pdf
  • Procurement deficiencies may case a lot of uncertainties for the final Contract Price due to monthly Adjustments for Changes in Legislation and monthly Costs Multipliers / rise and fall of price escalation. FIDIC formula with its Cost indices and/or reference price (not recommended to apply) do not reflect the economical development in an suitable way. EU / European Union revision of price formula serves a more fair purpose with its reference to indices in conjunction with actual "mono-material"-consumption with "allowable" conversion factors for cement (i.g. 250 kg "allowable" cement quantity per 1 m3 concrete), steel quantity (xx tons per 1m3 B25 / B35 / B45 concrete), bitumen (%G yy "allowable" bitumen per 1 ton asphalt) and its indices of socal charges of approved actual labour-costs.

Arbitration experience

(1) We have knowledge about the different Arb-ORGANISATION (ICC, DIS, UNCITRAL) and ... (2) we know the concept of PROCEDURAL management either ... (2a) New Prague Rules (civil law) with the INQUISITORIAL model or in controversy the ... (2b) International Bar Association / IBA-Guidelines (common Law) with the ADVERSARIAL approach. ... (3) We use to ask for Arb-Support a hourly Fee of 300 Euro for negotation. ... (4) We facilitate Workshops in Technical, finanical, administrative and contractual management for a lower rate as for Arbitral Tribunal support (7h/d * 300E/h = 2100 Euro per day). ... (5) The Breakdown of Prices (fixed, variable Costs + secretarial assistance expenses) for workshops to solve specific MATTERs can be retrieved under www.GuB21.de/Tutor.pdf

Publications

  • Digital Contract Administration Application DCA_APP

Languages

German
English

Memberships

  • DIS Arb ... German Arbitration instutes ... www.disarb.org
  • VDI German Association of Engineers
  • GPM Association for Project Management
  • VSVI Society for Road Construction and Transportation

Further informations

>>>>> A ... We are open for any subject to ... A1 ... IDENTIFY your proplematic situation, ... A2 ... to ANALYSE your required scope of services, ... A3 ... to EVALUATE the cause - effect, RISK Matrix, ... A4...to VALUATE the time and costs frame, and ... A5 ... to CONCLUDE your MATTERs / issues in order to enable our Customers / Clients - with well gathered facts - a non-regetted decision, i.e. to cooperate with us in a sophisticated way. >>>>> B ... Please inquire either ... B1 ... e-mail : Katharina@GuB21.de ... B2 ... Helmut@GuB21.de ... B3 ... Web: www.GuB21.de/ >>> www.GuB21.de/Tutor.pdf >>> www.GuB21.de/42FIDIC+EDF.pdf ... B4 ... Reach out the Managing Director / President via Skype HFG2404 (send a file or try to get him on the phone)

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