Examples of Work Undertaken

• Real Property Use and Development
• Construction and Engineering
• Defective Buildings, Dwellings and Products
• Commercial and Contractual Disputes
• Professional Liability
• Insolvency

Construction, Energy and Engineering

Andrew has expertise and experience of disputes involving many facets of domestic and international substantial building and civil engineering main contracts, including M&E works, as well as subcontracts (and other contracts for example insurance, professional engagements and construction bonds) that arise out of them. His work has involved many types of construction and engineering projects including bridges, highways, pipelines, harbour facilities, tunnels, and infrastructure projects, commercial buildings (e.g. offices, shopping centres, galleries, sports stadia), apartment and housing developments ⁄ dwellings. Recent cases include:

• Assisted Chartered Quantity Surveyors and clients to draft ‘pay less’ notices on two separate projects with a view to resolving disputes or potential adjudications;
• Professional liability claim against a firm of solicitors regarding a dwelling purchase and the applicability of the NHBC scheme;
• Adjudication claim against a main contractor involving cash flow hardship;
• Interpretation of a Guarantee provided to the NHBC;
• Appointed twice by Tecbar to act as a construction adjudicator;
• Advised and drafted documents in substantial adjudication and cross adjudication involving the same parties in a JCT contract determination / common law termination dispute, including drafting pay less notice;
• Professional liability claim against a firm of architects and engineers (as well as the builder) for defective designs etc;
• Construction Insolvency claim by debtor;
• Defectively designed and/or constructed dwelling claim;
• Claim against a supplier for defective materials used in concrete production;
• Appointed Chartered Arbitrator by parties to determine a dispute involving an insurance contract (legal costs) and the perceived conflict between the insured’s rights to refer disputes to the FOS ombudsman and a typed arbitration clause;
• Architect’s fees disputes;
• Appointed Chartered Arbitrator in a professional design services dispute leading to defective work requiring substantial remedial works;
• Construction delay and disruption (£400,000) and time extension claims;
• Contract: drafting terms and conditions for various contractors and sub-contractors
• Contract: defects dispute involving allegedly defective concrete slab.
• Contract: Advising in relation to the meaning of a JCT design and build contract and satellite contractual documentation affecting the interpretation of the same.
• Enforcement of adjudication decision (Advice, Drafting necessary documents and representation in the High Court of Justice);
• Acting for, advising and drafting proceedings (which successfully settled immediately after issuing having gone through the Preaction protocol stage) in relation to a claim by a utility company against a contractor who diverted a substantial drainage pipe without permission.
• Acting for and advising a contractor who was very unhappy with the outcome of the adjudication process;
• Acting for and drafting proceedings concerning an energy plant in the South East of England.
• Acting and advising in claims against Architects in relation to an education establishment.
• Advising a client in connection with the NEC3 contract.
• Advising clients in connection with liability under conveyancing contracts for new dwellings.
• Presiding as a chartered arbitrator in construction (and property) related disputes;
• Acting for (Advising and drafting proceedings) scores of new dwelling owners in multi-party litigation whose properties’ foundations were defectively designed and constructed (v Builder, the NHBC and NHBC Building Control);
• Defending local authority in spurious claim by administrator’s agent (a firm of Quantity Surveyors) upon the insolvency of a major Road refurbishment contractor;
• Advising international JV contractors on very substantial international “live” construction and energy projects worldwide, concerning FIDIC (red and yellow) book contracts (as appropriate);
• Advising on time (delay & disruption), liquidated damages and compensation claims on tallest building in the world costing US$1.0+Billions (Burj Khalifa,Dubai);
• Ditto multi-million US$ university project, Cairo;
• Ditto Cogen power plant Singapore;
• Ditto infrastructure and tunnelling project Abu Dhabi;
• Ditto Nuclear power plants Abu Dhabi;
• Acting (Advising, Drafting and Representation) as counsel in 8 day trial involving construction industry delay and disruption and direct loss and ⁄ or expense claims involving the construction of hotel between a main contractor and bathroom pod supplier;
• Advising local authority concerning the interpretation of various provisions of the ICE contract;
• Acting (advising, drafting and representing) as counsel in 9 day construction defects litigation;
• Acting as mediator in multi-party dispute involving variations and breach of contract claims for EOT /Delay Damages and additional monies;
• Part 24 CPR Applications: Applying to enforce Part II 1996 HGCRA Adjudicators’ decisions.
• Acting for Owner in a final account/defects dispute in a National Park development;
• Advising house building contractors concerning their rights under NHBC contracts and guarantees entered into.

 

Common law claims and claims under construction contracts ⁄ sub-contracts

• Advising in relation to appropriate forum for disputes and drafting submissions in urgent adjudication references (for Employers, main and sub contractors), including representation in enforcement proceedings against parties who still refuse to pay, pursuant to adjudicators’ decisions (one included a forty point unsuccessful defence).
• Advising and representing a subcontractor (including on appeal) in relation to the claimed incorporation of an arbitration clause (contained in the main contract) into the subcontract
• Acting as an adjudicator and as a mediator in construction and engineering disputes (including international disputes) mainly involving main contractors and subcontractors, and involving defective works cross claims, final accounts, (including variations), damages for delay and disruption and time claims.
• Advising in relation to the preparation of direct loss and ⁄ or expense and damages claims for delay and disruption and extensions of time claims for main contractors and subcontractors both domestically and internationally.
• Drafting ⁄ Amending standard terms of business in the construction industry including standard forms of building contracts, and subcontracts.
• Advising Architects and Engineers in relation to collateral warranties and novation agreements.
• Advising in relation to the meaning of "best endeavours" under JCT 98 clause 25.4.
• Advising in relation to an arbitration involving steelwork carried out by a subcontractor on the Sage building in Newcastle upon Tyne and in relation to a new airport in Barbados.
• Advising a utilities contractor concerning entering into substantial nationwide contracts as a result of alleged misrepresentations.
• Advising sub-contractors, suppliers, employers and main contractors in relation to the interpretation of ad hoc and standard forms of construction contracts and subcontracts including developers agreements.
• Advising, drafting and representing tile installer in an arbitration, in relation to a pre statutory adjudication final account dispute.
• Advising and representing specialist car park M&E air extraction contractor in final account dispute with main contractor and resisting claims from an electrical subcontractor including claims for direct loss and ⁄ or expense and extensions of time (Arsenal on the Move project).