Independent
Curriculum vitae
Malachy Mullin BSc (Hons) MRICS ACIArb
Chartered Quantity Surveyor
Director, Sumit Consulting Pty Ltd, Sydney
+61 452 549 257, malachy@sumitconsulting.com.au
Accurate at 13 October 2026.
SC-BD-CAP-005. The PDF is the version annexed to reports.
1Field of expertise
Mr Mullin is a Chartered Quantity Surveyor (MRICS) and an Associate of the Chartered Institute of Arbitrators, with over 20 years in construction cost, contract and commercial management in Australia and the United Kingdom, in contractor, consultant and principal-side roles. His quantum work has been under GC21, NEC4, Australian Standard and bespoke contract forms, and the security of payment legislation.
Quantum in construction disputes: the valuation of variations; delay, disruption, prolongation and acceleration costs; progress payments and payment schedules; final accounts; NEC4 compensation events, target cost and cost to complete; the calculation of liquidated damages; and the measurement and pricing of defect rectification.
He does not give opinions on delay analysis (critical path or programme analysis), the cause of defects, compliance with building codes and standards, engineering design, or the construction of a contract as a matter of law. Where a quantum opinion depends on those matters, he relies on the evidence of other experts or on assumptions stated in the report.
2Qualifications and memberships
| Qualification or membership | Year |
|---|---|
| Chartered Member, Royal Institution of Chartered Surveyors (MRICS) | 2024 |
| Associate Member, Chartered Institute of Arbitrators (ACIArb) | 2024 |
| Member, Society of Construction Law Australia | 2024 |
| BSc (Hons) Quantity Surveying and Commercial Management, University of the West of England | 2011 |
| Diploma of Leadership and Management, The Change Network | 2017 |
| Diploma of Project Management, New England Management Development | 2013 |
| Diploma in Surveying Practice, College of Estate Management | 2008 |
3Expert witness and dispute resolution training
| Course | Date |
|---|---|
| RICS Expert Witness Certificate (Australia), RICS Dispute Resolution Service | In progress; assessments to November 2026 |
| Introduction to International Arbitration (assessment passed), Chartered Institute of Arbitrators Australia | 2024 |
| Responsible use of artificial intelligence in surveying practice, RICS | 2025 |
Continuing professional development is recorded under RICS requirements. The record is available on request.
4Expert evidence history
Independent expert appointments: none to date. Expert reports signed as the expert: none. Oral expert evidence: none.
| Year | Matter | Role and capacity | Work | Evidence given |
|---|---|---|---|---|
| 2026 | Sports facility, amended AS 4902 subcontract claims | Party-appointed quantum review for the contractor (Advisory, not independent) | Review of entitlement and quantum on priority claims | No |
| 2025 | Subcontract payment claim and adjudication, NSW SOP Act | Consultant to the respondent head contractor, with its lawyers (Advisory) | Valuation for the payment schedule and the adjudication response | No |
| 2025 | Reservoir, NEC4 subcontract, adjudication determinations | Adviser to a specialist contractor (Advisory) | Report on the merits of seeking relief from adjudication determinations, with estimates | No |
| 2022 | Residential building defects, NSW District Court | Assisted the quantum expert appointed for the plaintiffs, under that expert’s direction | Site inspection, scope, measurement and pricing of rectification for four options, contributed to the expert’s report. Not the named expert | No |
| 2020 | Wind farm turbine installation subcontracts, Victoria | Contributor to claims reports for the contractor, prepared under legal privilege (Advisory) | Extension of time, delay cost and resequencing claims | No |
Advisory work was carried out for the party concerned and was not independent expert work. Mr Mullin does not act as a party’s adviser and its independent expert in the same dispute.
5Quantum experience by issue
| Project, contract and year | Work | Capacity |
|---|---|---|
| Valuation of variations | ||
| Two road upgrades, GC21 (Edition 2), NSW, 2024 | Identification and quantification of variations and delay costs from project records, including bridge reinforcement changes, provisional sums, utility clashes and tie-in works. | For the contractor (Advisory) |
| Wind farm, EPC contract and balance of plant subcontract, NSW, 2020 | Valuation of variations, extension of time, delay and acceleration claims between the EPC contractor and its balance of plant subcontractor; liquidated damages and acceleration modelling. | Commercial Manager for the EPC contractor (Advisory) |
| Delay, disruption and acceleration costs | ||
| Metro station, bespoke Sydney Metro contract, 2021 to 2022 | Quantification of prolongation and acceleration costs arising from COVID-19 public health orders, with the evidence and basis of claim. | For the head contractor (Advisory) |
| Hospital redevelopment, bespoke earthworks and civil subcontract, NSW SOP Act, 2025 | Assessment of a subcontractor’s delay and disruption claim for a payment schedule. | For the head contractor (Advisory) |
| Final accounts and compensation events | ||
| Reservoir, NEC4 subcontract, NSW, 2025 | Assessment of a subcontract final account and compensation events. | For a specialist contractor (Advisory) |
| Wastewater project, NEC4 ECC Option C (target cost), NSW, 2023 | Assessment of compensation events for subcontract and self-perform works, a financial review and a re-baselined cost to complete. | Commercial Manager for the delivery partner (Advisory) |
| Microtunnelling subcontract, NEC4 ECC Option A, NSW, 2026 | Valuation framework for a change to the Scope (clauses 60.1(1), 63.10 and 63.15) and the compensation event quotation. | For the subcontractor (Advisory) |
| Liquidated damages | ||
| Two wind farm EPC contracts, QLD and NSW, 2019 | Review of a generation-based liquidated damages calculation, using generation and wind data and network and commissioning constraints. | For the EPC contractor (Advisory) |
| Estimating and cost management | ||
| Water and wastewater treatment plants, target cost alliances with pain/gain share, WA, 2012 to 2014 | Target cost estimates for additional projects and cost reporting. | Senior Quantity Surveyor, employed by the contractor |
| Education, aged care, seniors housing and police projects, GC21, AS 4000 and AS 2124, NSW, 2018 to 2019 | Valuation of variations and claims, project cost reporting, and review of tenders and head contracts. | National Commercial Manager, employed by the contractor |
6Contract forms and sectors
- Quantum work under
- GC21 (Edition 2); NEC4 ECC Options A and C; AS 4902 (amended), AS 4000 and AS 2124; bespoke Sydney Metro, head contractor subcontract and EPC forms; Building and Construction Industry Security of Payment Act 1999 (NSW)
- Also reviewed or administered
- FIDIC EPC/Turnkey (Silver Book) 2017, amended; AS 4903; AS 4300; incentivised target cost deeds; Building Industry Fairness (Security of Payment) Act 2017 (Qld)
- Sectors
- Rail, wind energy, water and wastewater, roads, commercial and health building, and residential defects
7Career
| Dates | Organisation | Role | Location |
|---|---|---|---|
| February 2019 to present | Sumit Consulting Pty Ltd | Director | Sydney |
| February 2018 to March 2019 | Lahey Constructions | National Commercial Manager | Sydney |
| November 2015 to February 2018 | Cockram Construction | Senior Contract Administrator | Sydney |
| June 2014 to November 2015 | Buildcorp | Contract Administrator, then Senior Contract Administrator | Sydney |
| February 2014 to April 2014 | Salini Impregilo | Senior Quantity Surveyor (contract) | Sydney |
| August 2012 to January 2014 | Tenix Australia | Senior Quantity Surveyor | Perth and Pilbara |
| June 2012 to August 2012 | Buildcorp; Patterson Building Group | Contract Administrator (contract) | Sydney |
| March 2008 to January 2012 | Beacons Business Interiors | Quantity Surveyor / Estimator | Brecon, UK |
| 2005 to March 2008 | Allied Group (Allied Design and Allied Solutions) | Junior Building Surveyor, insurance claims on over 500 properties | Swansea, UK |
8Independence and prior engagements
Sumit Consulting Pty Ltd acts for contractors, subcontractors and principals. Before accepting an appointment, Mr Mullin checks for conflicts against the firm’s register of engagements, and discloses to those instructing, and in each report, any past or present relationship with a party, its advisers or the court or tribunal, including earlier work for a party. A schedule of engagements since February 2019 is available in confidence to instructing solicitors on request.
Curriculum vitae of Malachy Mullin, 13 October 2026. Independent expert evidence