Contentious Construction & Engineering

The members of our team are mainly experts in all aspects of domestic and international construction & engineering disputes, frequently acting in arbitrations, adjudications, mediations and litigation. We specialise in handling construction & engineering disputes that are high-value, complex or involve technical issues. We are well-placed to advise on appropriate forms of alternative dispute resolution.
 
We have been instructed in relation to one of the highest profile domestic construction & engineering disputes involving the 2012 Olympic Park.
 
Our work involves advising and acting for developers, employers, banks, asset based lenders, contractors and sub-contractors with particular regard to adjudication proceedings and the enforcement of adjudicator’s decisions in the Technology & Construction Court. We are members of the Adjudication Society, which promotes the resolution of construction disputes by means of adjudication.
 
We are also experienced in arbitration proceedings commenced under the Arbitration Act 1996 and the Construction Industry Model Arbitration Rules 1996 (CIMAR).
 
We regularly represent clients involved in High Court litigation (Claimant & Defendant) and advise in respect of compliance with the Pre-Action Protocol for Construction & Engineering Disputes.
 
Our professional negligence caseload revolves almost exclusively around construction professionals. We have acted for and against architects, engineers, surveyors, monitoring surveyors and project managers.

We have experience of undertaking cases where construction law and insolvency merge. R & S Security Services Limited v Fire Defence Plc [2013] EWHC 4222 (Ch); [2013] BCLC 92; [2013] BLR 500 was the first case to consider the impact of the new payment provisions under the Housing Grants, Construction & Regeneration Act 1996 (as amended). It held that absent a valid pay-less notice, sums due under the Act are indisputable for the purpose of insolvency proceedings.

Relevant Work

  • Advising structural concrete subcontractors in a £16m time/cost claim relating to the 2012 Olympic athletes' village.
  • Acting for the industrial lining contractor in a £1.2m delay and disruption claim arising out of works at the Grain LNG plant. Also acted in subsequent reasonable settlement claim against lining suppliers.
  • Acting for an asset based lender in a £200k claim in relation to a supply and distribution contract for metal building envelope systems.
  • Acting in a £1.2m adjudication arising in relation to waste carriage and muck-away.
  • Acting in a c. £750k claim arising out of the negligent project management of works and the failure to take a detailed employer’s brief.
  • Acting for the lender in a £2m claim against monitoring surveyors relating to negligent and fraudulent overvaluation.
  • Acting for the employer in a long-running security for costs dispute in a domestic CIMAR arbitration.
  • Acting for the employer in a domestic CIMAR Final Account dispute.
  • Acting for the liquidator of a maintenance company in a c. £600k claim to recover monies wrongfully withheld by a main contractor.
  • Advising main contractor in its £1.8m claim as to its potential exclusivity rights under a JCT Measured Term Contract.
  • Advising employer under a Shipbuilding Agreement with a contract price of €7.7m and the applicable dispute resolution clauses including potential referrals to the relevant Classification Society and the London Maritime Arbitrators’ Association.
  • Advising asset based lender in connection with General Conditions of Contract for Marine Construction Edition 2, October 2004 (LOGIC).
  • Advising homeowner in relation to NHBC Buildmark cover with regard to a substantial claim arising from defective basement works.
  • Acting for employers concerning their dispute with the contractor appointed under a JCT Intermediate Building Contract 2011 for basement extension works with a contract sum of c. £1.6m.
  • Advising employer concerning TCC enforcement proceedings involving an adjudication decision in the sum of £180k and acting in relation to Final Account negotiations.
  • Acting for employer in relation to his dispute under a JCT Standard Building Contract with Quantities 2011 and the contractor’s adjudication proceedings claiming in excess of £400k.
  • Acting for employers in responding to a series of adjudications including the making of numerous jurisdictional challenges resulting in the successful forcing of resignations by adjudicators.

 

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