Insights and Analysis
UK Supreme Court: collateral warranties not usually construction contracts so can’t be adjudicated
12 July 2024
We work with owners, developers, contractors, consultants, engineers, project managers, and government entities on high-value infrastructure projects across all key sectors. We help clients structure, draft, negotiate and manage contracts, as well as avoid and resolve delay, defects, change, payment and termination disputes using the courts, institutional and ad hoc arbitration, adjudication, mediation and expert determination.
On single jurisdiction and cross-border construction projects, no matter how large, we can assist with:
We understand all sides of the industry, handle some of the most prestigious and high value projects in the world and are experienced in private and public projects across a broad range of sectors.
Advising a leading property company on the landmark redevelopment of King's Cross, London.
Advised Keppel Seghers, E.On, Tata Chemicals, Urbaser, and Wheelabrator Technologies Inc on over 15 major energy from waste plant projects (including EPC, O&M and technology licencing).
Advised a mining company on the complex multi-contract procurement for a £multimillion tech project, including advising on NEC forms of contract procurement strategy and supply chain incentivisation.
Advised a Middle Eastern government in the development of a standard form suite of construction contracts for use by an airport on construction and/or procurement projects.
Advised multinational engineering company on antitrust compliance and training including joint bidding issues.
Advised German construction and development company on criminal law issues and an internal investigation around possible environmental liability around a cooling facility.
Represented the main contractor on design and delay disputes arising out of the design, construction, operation, and maintenance of an offshore wind farm in adjudication, arbitration, and court proceedings.
Represented a major manufacturer of building materials in relation to claims regarding the supply of defective siding panels, involving our offices in Paris, London and Amsterdam.
Represented a contractor on claims involving the design and construction of a chemical plant (a U.S. federal court jury verdict recognised as one of the top 100 verdicts of the year).
Represented An Italian power generator in an AAA arbitration against an EPC contractor and suppliers over a catastrophic failure of a hydroelectric power plant project in Central America.
Acted in an EU procurement claim, following the award of the new Eurostar trains contract, a Top 20 case in The Lawyer magazine.
For global contractors, we drafted FIDIC contracts for the design, build, and operation of Middle Eastern water treatment and desalination plants.
Settled disputes of sums exceeding US$100m with the design and build contractor of a major Hong Kong transport project following mediation.
Advised JX Nippon in its joint venture with Petra Nova Holdings LLC to build the world's largest coal plant post-combustion carbon capture facility with enhanced oil recovery.