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Construction and Engineering Our Experience Woverviewomble Bon Ofd Our Dic Firmkinso Nand at Acapabilities Glance womblebonddickinson.com Construction and Engineering Our experience WOverviewomble Bon ofd our Dic firmkinso nand at acapabilities glance More than Locations across the 400 1,000 27 UK and US Partners Lawyers Consolidating US UK our national Boston Aberdeen reputations and Wilmington Edinburgh Baltimore Newcastle regional heritage Washington, D.C. Leeds under one powerful Tysons Corner London Charlottesville Southampton transatlantic brand Raleigh Bristol Research Triangle Park Plymouth Greensboro Winston-Salem Charlotte Greenville Columbia Charleston Atlanta Palo Alto Silicon Valley Los Angeles Orange County Our sectors Natural Energy Manufacturing Private Wealth Transport, Logistics Financial Insurance Pharmaceutical, Real Estate Retail & Technology Energy & Healthcare Manufacturing Private Transport, Financial Insurance Life Sciences & Real Retail & Technology & Resources & Infrastructure Institutions Biotechnology Consumer Goods Natural Resources Wealth Logistics & Institutions Ph&a rLifemac Scienceseutical Estate Consumer Infrastructure Representing more than Global 250 UK Top US Top Publicly Traded +150 Top 100 Companies Chambers Law Law Law firm by in the US and UK rankings 20firm 80firm revenue Correct as at March 2018 womblebonddickinson.com Construction and Engineering 2 Construction and Engineering capability Our construction team Commercially astute and always We also deal with construction and aware of wider issues, our engineering disputes, principally advises public and construction lawyers have deep by way of adjudication but also by private sector clients on insight into the construction industry litigation in the Technology and derived from years of experience Construction Court, arbitration major capital projects and secondments with key clients. (domestic and international), and from inception to From all our locations, we provide mediation as well as other forms down-to-earth industry and of alternative dispute resolution. completion, through to sector advice and form long-term We regularly advise our clients on the operational lifecycle relationships with clients who trust dispute avoidance, risk management us to deliver. and disruption strategies. of an asset – including Our clients include government and Where necessary, we build bespoke advising on front- public sector bodies, developers, teams bringing in colleagues from end contract strategy, retailers, homebuilders, investors, other areas including environmental employers, contractors, architects, law, corporate, property, project documentation, engineers, quantity surveyors, procurement, planning and tax. This risk management and project managers and contract means a seamless service for our administrators as well as their clients, from planning to completion. disputes. insurers. In addition to our services across We give transactional construction the UK, we have offices in the advice to the real estate, US, and work closely with our development, investment, construction colleagues there. engineering and infrastructure We have also formed a strong, sectors. We work with property collaborative alliance with German owners, developers, investors, law firm, Redeker Sellner Dahs. Our contractors and construction international bonds with the US and professionals to structure, draft and Germany mean we can provide our negotiate construction contracts clients with an outstanding service and appointments, and all related across key regional economic ancillary documents such as hubs throughout the UK, US and collateral warranties, deeds of Germany; combining knowledge, novation or variation, and letters of innovation and technical expertise. Simon Lewis intent or reliance. We also provide Whatever your needs, our firm- Partner advice on managing complex wide approach and international T: +44 (0)191 279 9552 construction projects. capability can provide you with a E: [email protected] We have a significant track record tailored team that works hard to help acting on engineering projects in you do business better. rail infrastructure, power generation and renewable energy – including onshore and offshore wind, solar, biomass, wave, and waste to energy projects. We are proud to have one of the largest full service construction and Simon Rowland engineering teams in the sector, Partner T: +44 (0)191 279 9054 operating in London and across E: [email protected] the UK, and beyond. womblebonddickinson.com Construction and Engineering 3 Disputes experience Examples of our experience • defending an architect who • defending multi-disciplinary include: prepared construction phase engineering consultants in a drawings in respect of a multi-party claim concerning • acting for an international development comprising 35 defects that have arisen in the chemicals business in the dwellings. The Council issued design and construction of a Technology and Construction an enforcement notice for hospital in Cornwall. The claim in Court and Court of Appeal in the demolition of the entire the main action was put at £13m+ proceedings over the termination development, on the grounds (including losses for Unavailability of an EPC contract for a that the dwellings had not been Deductions). It is alleged by petrochemical processing plant. built in accordance with the the main contractor, by way of Following a week trial we secured approved planning drawings. a contribution claim, that works a substantial award in favour of the We successfully appealed the were signed off at the conclusion employer. Our work also included Council’s enforcement notice of the design and build phase by a significant international aspect (and the refusal of a retrospective the engineering consultants when working closely with lawyers in planning application that had been they should not have been other foreign jurisdictions. Sabic lodged). UK Petrochemicals Ltd v Punj • acting in connection with a Lloyd Ltd [2013] EWHC 2916 (TCC) • defending multi-disciplinary complex and potentially sensitive engineering consultants in a case involving a contractual • defending an M&E subcontractor claim about the provision of flood adjudication for a very large in a £5million claim in the TCC risk advice to a client who was NHS Trust against a project regarding alleged overheating proposing to purchase a riverside company on a PFI contract. The and other defects in a newly built site for a large residential claim related to ventilation rates sixth form college, including a development. The client alleges and air pressure differentials on counterclaim against the main that the site was unviable and hospital wards housing high risk contractor for unpaid fees. The the advice it received from the immuno-suppressed patients. claimant commenced proceedings engineering consultant about The Adjudicator was a retired against the M&E consultant flood risk and mitigation measures TCC judge, whose findings were and main contractor. The main was negligent. As such, losses for resoundingly in our client’s favour contractor then brought our client wasted development and planning in as a third party costs are being claimed • defending an architectural practice in arbitration • advising a main contractor • advising in relation to a potential proceedings alleging negligence on the defence of claims from dispute (in excess of £2m) in the design of an airport terminal an employer and a follow on with a contractor concerning building in the Channel Islands contractor. The claim related to construction defects in the and associated works. The claim allegedly defective preliminary concrete pavement of a busy amounted to approximately piling works carried out by operational airfield £15 million. The proceedings the contractor, which required were settled with no damages remedial works and caused the being paid by the insured architect follow on contractor to be in 18 and a recovery of a significant months of delay. This included contribution towards the consideration of claims against the architect’s costs contractor’s designer and sub- contractor “It is a genuine pleasure to work with them” Chambers and Partners UK Guide 2018 womblebonddickinson.com Construction and Engineering 4 • acting for Carillion JM Limited • acting for an architect defending • acting for a firm who designs and in a claim arising out of the proceedings brought by an supplies structural oak frames for construction of the Wembley individual regarding investment use in domestic and commercial Light Maintenance Depot development property in France. properties. The proceedings adjacent to the main rail line out Advice regarding jurisdiction. involved the purchaser of a new- of Marylebone Station. Carillion Application made to strike out build property, the developers, issued proceedings against its claim for abuse of process, the architects, another structural subcontractor and a consultant to application heard before the engineer and the contractors. recover costs and other liabilities Technology and Construction The claim was resolved at incurred by Carillion undertaking Court, claim successfully struck mediation by way of a commercial remedial works to stabilise out and costs recovered from contribution by our client towards exposed clay slopes. The claim Claimant the purchaser’s claim and costs involved complex geotechnical engineering issues, and was • successfully defending a • defending a firm of architects resolved in Carillion’s favour structural engineer in a five in one of the highest profile (Carillion JM Ltd v Phi Group day trial at the Technology
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