Current economic conditions are putting the construction industry under growing financial pressure. Succeeding in these conditions means identifying issues on the project as early as possible, avoiding disputes if possible and resolving disputes that do arise in the most cost effective and commercially sensible manner.
Our Construction Disputes team brings together industry and legal knowledge from across the firm. We work with clients in the energy, oil and gas, infrastructure, marine engineering, shipbuilding, technology and hospitality sectors. Clients come to us because they value our commercial insight and practical approach. We strive to achieve the solution that works best for you.
We advise in relation to domestic standard form and ad hoc forms of contract, including JCT, NEC and professional body forms of consultant appointment, and international standard forms and ad hoc forms of contract, including FIDIC, IChemE, LOGIC, BIMCO, SAJ and AWES.
We are experienced in all forms of alternative and formal dispute resolution, including mediation, conciliation, dispute and dispute adjudication boards, adjudication, institutional and ad hoc arbitration and litigation. Not all construction industry disputes are limited to pure construction and engineering. Fieldfisher's large disputes team covers the whole range of commercial litigation and arbitration and can seamlessly give input where there is a requirement for, for example, intellectual property, corporate or insolvency advice.
Notable deals / highlights
Acting for an Asian shipyard in Thai arbitration against the owner in respect of a dispute arising under an EPIC construction contract for an offshore production platform and accommodation facilities. The issues included our client's claim for unpaid Variation Orders in excess of US$70m and the owner's claim for Liquidated Damages in excess of US$ 50m.
Acting for German investors in LCIA arbitration against a Chinese shipyard and in proceedings to enforce refund guarantees against a Chinese bank in relation to the refund of deposit monies of over €20 million following the cancellation for non-delivery of shipbuilding contracts for two 26,000 DWT bulk carriers. The main issue concerned the ability of the shipbuilder to substitute in a replacement hull at a later stage of construction.
Acting for a FTSE-100 company in arbitration and litigation in relation to a claim for damages in respect of latent defects arising out of the construction of its flagship hotel. The main issues included client instructions and design responsibility, liability of the specialist modular designer and costs of remedial works.
Acting for a major Balkan energy and construction contractor in an ICC arbitration against the employer concerning an international electricity stringing dispute let under a modified FIDIC EPC/T (Silver Book) contract. The dispute related to rights to extensions of time and enforcement of a DAB decision by way of partial award. The amount in dispute was $12.1m.
Acting for a major overseas football club against the contractor in an ICC arbitration and subsequent enforcement proceedings in two further jurisdictions concerning delay damages, grounds conditions, design and other issues. The amount in dispute was $18m.