Contentious Construction | Fieldfisher
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Contentious Construction

The construction industry remains under significant financial pressure, with the perpetual challenge of allocating risk in the time and cost of designing and constructing something that does not yet exist.

Success in this environment requires identifying and managing issues on a project early on and resolving them in the most cost-effective and commercially astute manner. This avoids costly and time-consuming formal dispute resolution processes, if at all possible. The majority of our team has experience of in-house secondment, which allows us to understand the issues through the eyes of our clients, quickly recognising the key legal and commercial issues.

Notable deals and highlights:

  • We secured a 98% recovery for property developer Hammerson in TCC litigation arising from glazing failures caused by nickel sulphide inclusions at the former Stock Exchange building, 125 Old Broad Street.
  • Our team acted for an Asian shipyard in Thai arbitration against the owner in a dispute arising under an EPIC contract for an offshore production platform and accommodation facility. 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.
  • We advised on one of the largest and most difficult construction disputes of recent years in the TCC. We and our client were at the forefront of a complex settlement agreement that resolved a dispute concerning an alleged defective slab in one of the UK's largest warehouses that threatened the survival of some of the parties involved.
  • We acted for the successful contractor in the now infamous delay and global claims case of Walter Lilly & Company Ltd v Mackay and another.
  • The team represented 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.
  • We successfully defended one of the UK's largest contractors in TCC litigation brought against them concerning alleged defects in the construction of the Liberty Stadium in Swansea.
  • We acted 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.
  • Our team acted for a major overseas football club against the contractor in an ICC arbitration and subsequent enforcement proceedings in two further jurisdictions concerning delay damages, ground conditions, design and other issues. The amount in dispute was $18m.

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