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Construction

I have advised on project development and execution across a range of different projects including airports, urban rail, mining, renewable power (PV and CSP solar), conventional power (gas and coal), oil and gas (upstream and downstream), energy transmission, health, and tourism.

My work has included advising on risk assessment, risk avoidance, and risk mitigation, as well as supporting projects during the execution and post-completion phases to resolve disputes commercially. Where commercial resolution was not possible, I also represented employers, contractors, subcontractors and suppliers in large-scale construction and engineering disputes in institutional and ad hoc arbitration, Dispute Board proceedings, and related litigation.

Issues these matters have involved include site conditions, interface management, design development, design coordination, defects (both isolated and systemic), force majeure, variations (both for additional work and de-scoping), termination, suspension, delay, prolongation, acceleration, and disruption.

In my work on construction projects I have worked extensively with witnesses and experts from a range of disciplines on a range of complex factual and technical matters including geotechnical analysis, architectural design, equipment design, process engineering, structural engineering, mechanical, electrical, and plumbing systems, project management, and delay and quantum analysis.

My work has also been recognised in the following listings:

Below are representative examples of my construction work.

    • State-of-the-Art Research and Teaching Hospital: Representing two international construction contractors as Respondents in a multi-billion dollar ICC arbitration in London brought by a Middle Eastern State entity relating to the development of a world-class medical facility.

    • Major Urban Rail Project: Advising a multinational European-US consortium on claims of more than USD 1 billion related to the construction of an urban metro rail project (underground, overground, and elevated, as well as stations) in a major Middle Eastern city. 

    • International Airport Project: Representing an international consortium of contractors as Claimants in ICC arbitration against a Middle Eastern State in relation to the design and construction of an international airport.

    • Major Urban Rail Project: Representing a multinational Korean-European consortium in its claims in respect of the construction of an underground urban metro rail project and its stations.

    • Tourism Resort Project: Representing a state-owned developer in resolving claims and counterclaims worth in excess of USD 60 million in respect of the development of a major Middle Eastern tourism project.

    • Gas Processing Facility: Advising an energy company on EPC Contractor claims worth in excess of USD 150 million arising from the construction of a gas processing facility.

    • Mining Project: Representing two African subsidiaries of an international mining and exploration company, Respondent in an ICC arbitration in London initiated by a South African contractor, with claims and counterclaims in excess of USD 150 million. The dispute arose from an EPCM contract in relation to a mine expansion project in Sub-Saharan Africa.

    • Concentrated Solar Power Project: Representing a European energy infrastructure company in an ICC arbitration in London brought against a North American subcontractor with claims of more than USD 40 million. The dispute arose out of a project for the construction of a major CSP solar field in the Middle East.

    • Energy Transmission Projects: Representing a European energy company in disputes arising out of three projects for the design, supply and installation of energy substations in high profile urban development projects in the UAE.

    • Thermal Generation Projects: Representing a heavy equipment supplier and contractor in relation to an ICC arbitration and multiple DABs in respect of claims related to delay, disruption, defects and other matters arising out of two energy construction projects in Africa, involving claims and counterclaims of over USD 2 billion.

    • Renewable-powered Desalination Project: Advising a Middle Eastern company, as project owner, in a series of disputes with two sets of international EPC contractors in respect of a major water desalination project with claims and counterclaims in excess of USD 250 million.

    • Nuclear Power Project: Representing a Korean subcontractor as claimant in an LCIA arbitration in relation to a major nuclear power plant.

    • Refinery Development Project: Representing a major Middle Eastern energy company in defending two ICC arbitrations in relation to the construction of a multi-billion dollar refinery development, with claims and counterclaims of in excess of USD 1 billion.

    • Refinery Development Project: Representing an international consortium of Korean, Chinese, and European contractors in DAB proceedings related to ground conditions and design changes in respect of a major refinery expansion in the Middle East.

    • Gas-Fired Power Plant:  Representing a European contractor, Claimant in an ICC arbitration in London brought against a Middle Eastern owner with claims in excess of USD 50 million. The dispute arose from a contract for the conversion of a simple cycle power plant to combined cycle technology.

    • Major Conventional Energy Extraction Project: Advising a large energy multinational in a complex construction dispute worth over USD 1 billion with a contractor in connection with a megaproject for an oil and gas facility in Central Asia. The dispute included issues of delay and defects.

    • Energy Storage Facility: Advising a State-owned company on its response to COVID-19 related claims worth in excess of USD 300 million from a major international EPC contractor arising from a crude storage facility in the Middle East.