Dawnus Construction Holdings Ltd v Marsh Life Ltd [2017] EWHC 1066 (TCC) (11 May 2017)
WRW Construction Ltd v Datblygau Davies Developments Ltd [2020] EWHC 1965 (TCC) (23 July 2020)
Morganstone Ltd v Birkemp Ltd [2024] EWHC 933 (TCC) (25 April 2024)
Pursuing a claim for a large, South Wales-based organisation concerning claims arising under the Defective Premises Act 1972 and Building Safety Act 2022.
Successfully advising upon the pursuit (via Adjudication) of time related entitlements (including financial loss) arising from the design and construction of a hydroelectric dam project in the Scottish Highlands.
Advising upon delay and disruption claims under a FIDIC form of contract associated with the refurbishment of a submarine dry dock including the parties respective obligations for pre-existing ground conditions, extent of professional surveys, methods of injection cement grouting and the structural stability of existing structures. Claim valued in excess of £5 million.
Advising upon extensive delay and disruption claims arising from heavy civils work associated with one of the UK’s largest and most technically challenging road projects through the Heads of the Valleys and South Wales.
Advising upon the validity of termination of a £26 million JCT D&B contract related to the construction of a city centre commercial development, including delays/extension of time, disruption from variations, the validity of termination for an alleged failure to proceed regularly and diligently with work and the reconciliation exercise post termination.
Advising upon the contract terms and parties responsibilities in respect of design & construction matters associated with the development of grade A commercial office space at the UK’s most sustainable tall office building in central London. Advising upon the terms of design & build mechanical and engineering contract conditions, delay and disruption entitlements, liquidated damages liabilities and the definition of practical completion.
Successfully defending claims under NEC/3 terms within adjudication in relation to a highly technical seven figure dispute related to the alleged defective design & construction of concrete suspended floors within a public service building. Successfully defeating claims of liability said to result from a failure to the required diaphragm action resulting in risk of disproportionate collapse of the structure.
Acting upon a £5 million dispute under for a specialist steel frame design and build subcontractor under JCT terms in proceedings before the Technology & Construction Court arising from the design, supply and installation of a substantial steel frame within a mixed use development in central London. Advising upon the extent and scope of design responsibility, instructions given on site including change in design, forensic delay analysis, the extent of exclusion clauses and resulting additional costs.
Advising in a £2 million+ dispute upon bespoke conditions related to a dispute focused upon the method of application of external façade panelling to a multistorey commercial student development, with technical issues over the existing structure and its suitability for installation.
Advising main contractor under bespoke terms in relation to a seven figure claim arising from the completion of infrastructure services to a hydroelectric dam project in Liberia, including final account disputes and issues of defects.
Successfully acting before the Technology and Construction Court in a claim of breach of contract/professional negligence of a structural engineer arising from the negligent assessment of ground conditions at a residential development of over 40 residential properties resulting in severe subsidence due to existing peat deposits. Significant complexities as regards limitation, and the pursuit of claims via the Civil Liability (Contribution) Act 1978. Claim in excess of £1.4 million.
Advising upon claims and cross claims in relation to the contract for the construction of two blast furnaces upon a working steel production facility under the terms of bespoke contract conditions. Claims exceeded £10 million.
Representing a Claimant before the International Court of Arbitration arising from the Claimants design, construction and installation of bespoke water treatment facilities for a food processing facility in Eastern Europe.
Acting in serial adjudications on behalf of a main contractor in relation to the wrongful termination of a JCT design and build contract in respect of a multistorey hotel and commercial premises in Poole. Successfully resisting enforcement of adjudication decision whilst successfully enforcing a seven figure cross adjudication award.
Successfully acting in a multimillion-pound dispute under NEC Main Option C arising from the construction of an eco facility within a site of special scientific interest.
Advising upon the terms and enforceability of a performance bond related to the construction of a 150+ bed student accommodation development where the underlying construction contract was terminated in disputed conditions. Interpretation of terms of bond and underlying basis for contract termination including forensic delay analysis.
