Construction, Engineering & Energy Disputes
Our construction team acts for stakeholders from all sides of the construction industry providing commercial advice to avoid and effectively manage disputes.
Having advised on major projects across the globe for a variety of private and public sector clients, we handle a full range of contentious construction, engineering and energy related matters, encompassing issues arising from project inception; procurement methods; and industry standard form and bespoke contracts, through to high-value multi-party litigation, arbitration and adjudication.
Our construction specialists assist clients throughout the lifecycle of a project (including with the negotiation and implementation of industry standard form and bespoke contracts), from advising on early-stage dispute avoidance, through to formal dispute resolution and enforcement processes. This enables our team to support clients in managing investment risk and delivering project value.
Construction projects often span various sectors, including oil & gas, renewable energy, defence, telecommunications, and transport. Given their capital-intensive nature, such projects are frequently exposed to potential interference from host States, local public authorities, and state-affiliated entities. To mitigate these risks, we support our clients as they expand their operations internationally, helping them secure the highest level of protection available under applicable multilateral and bilateral international treaties worldwide.
Disputes are sometimes unavoidable, and our team are experienced in progressing claims in all divisions of the English High Court, including the Technology and Construction Court, as well as arbitral proceedings (as both counsel and advocate) conducted under a variety of institutional rules such as the ICC, LCIA, ICSID, SIAC, SCC, HKIAC and LMAA Rules, as well as UNCITRAL (ad hoc).
In order to best advise our clients, we regularly work alongside technical, delay and quantum experts to support commercial and dispute resolution strategy.
If you would like to find out more about how we can help you and your business, please contact our team.
Representative Experience
International
Represented a Korean EPC contractor in an ICC arbitration (seated in Singapore) against a subcontractor arising out of a USD3.5bn crude flexibility project in the UAE. The claims related to significant additional costs incurred by the EPC contractor to either perform, or engage others to perform, part of the subcontractor’s scope of works.
Acted as counsel in an LCIA arbitration (seated in London) concerning a piping subcontract package on a diesel fuel plant in the Caribbean. The proceedings encompassed defending the main EPC contractor against claims for extensions of time and additional cost.
Represented the Bulgarian subsidiary of a global energy company in a USD750m+ UNCITRAL arbitration (seated in London) regarding the failure to properly design and build a lignite-fired power plant.
Represented a major Japanese conglomerate in a multi-million USD ICC arbitration (seated in Singapore) against a Vietnamese entity in relation to the construction and commissioning of a pulp and paper mill in Vietnam. The case involved concurrent satellite litigation in Japan and Vietnam.
Represented an Italian subcontractor in an ICC arbitration (seated in Doha) deriving from construction works completed in Qatar in relation to a transport project.
Represented a European construction company in ICC arbitration (seated in Doha) in relation to a joint-venture dispute with a Qatari entity following the award of four major construction contracts.
Acted for a Turkish aluminium and glass contractor in an ICC arbitration (seated in Paris) in a termination dispute relating to the supply of glazing material as part of a project located in the Middle East.
Advising a South Korean EPC contractor undertaking two packages of a cable tunnel project in Singapore including advising on a dispute with the Japanese Tunnel Boring Machine (“TBM”) supplier concerning the adequacy of the TBM design, liability for delay and repair costs due to TBM failures and disputes regarding ground conditions.
Represented one of the largest oil companies in the Balkans in ICC arbitration proceedings against an EPCm Contractor concerning delay and additional costs arising from the performance of Engineering, Procurement and Construction Management services on a €1 billion+ oil refinery upgrade project in Greece.
Providing project support to a major Spanish construction and civil engineering company in the context of a €7 billion high speed rail project in Saudi Arabia in relation to railway construction and electrification works.
Advising on disputes arising from delay to sailaway, design variations, weight changes and carry-over work claims in respect of the design and construction of two wellhead platforms and a living-quarters platform for a $6 billion offshore development.
Domestic
Acting for a leading UK contractor in multi-million pound TCC proceedings in respect of Building Liability Orders associated issues.
Advising a leading UK specialist engineering contractor in respect of a multi-million pound Final Account dispute relating to works undertaken at a London landmark building.
Advised four award-winning international design practices specialising in architecture, master planning, urbanism and interior design in respect of a dispute with their insurer concerning coverage issues about cladding. Successfully disputed the insurer’s unilateral change of terms resulting in a favourable commercial outcome.
Acted for a leading UK developer in professional negligence claims against various project consultants.
Represented an Indian developer on numerous adjudications arising out of the development of a high-end luxury residential development in central London. The project was procured on a construction management basis and our client commenced adjudication claims against the construction manager and various trade contractors.
Advised a residents management company in relation to claims regarding defects in various apartments in Knightsbridge and recovery avenues against a contractor.
Advised on multiple matters relating to the enforcement of adjudication awards in the Technology and Construction Court, acting for both claimant and respondent parties.
Advising a London Museum in relation to various construction matters arising out of upgrade and redevelopment projects.
Advising one of the UK’s largest electricity distributors in relation to a multitude of final account, valuation and delay related claims totally £30m+, made by its former framework contractor, with respect to government required security upgrade works on specific electricity and gas sites. The claims were resolved by way of a series of adjudications and high court proceedings.
Representing the owner in the defence of a contractor’s claim in adjudication for compensation events totalling £15m under the NEC3 form of contract in respect of tunnelling works on a £4bn Nationally Significant Infrastructure Project. The dispute turned on the correct interpretation of contract and complex allocation of risk in respect of third-party asset protection.