Construction and engineering disputesOur capabilities across Europe, the Middle East and Asia
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02 Norton Rose Fulbright
Construction and engineering disputes
Norton Rose Fulbright
Norton Rose Fulbright is a global legal practice. We provide the world’s pre-eminent corporations and fi nancial institutions with a full business law service. We have more than 3800 lawyers based in over 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia.
Recognized for our industry focus, we are strong across all the key industry sectors: fi nancial institutions; energy; infrastructure, mining and commodities; transport; technology and innovation; and life sciences and healthcare.
Wherever we are, we operate in accordance with our global business principles of quality, unity and integrity. We aim to provide the highest possible standard of legal service in each of our offi ces and to maintain that level of quality at every point of contact.
Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP, Norton Rose Fulbright South Africa (incorporated as Deneys Reitz Inc) and Fulbright & Jaworski LLP, each of which is a separate legal entity, are members (‘the Norton Rose Fulbright members’) of Norton Rose Fulbright Verein, a Swiss Verein. Norton Rose Fulbright Verein helps coordinate the activities of the Norton Rose Fulbright members but does not itself provide legal services to clients.
References to ‘Norton Rose Fulbright’, ‘the law fi rm’, and ‘legal practice’ are to one or more of the Norton Rose Fulbright members or to one of their respective affi liates (together ‘Norton Rose Fulbright entity/entities’). No individual who is a member, partner, shareholder, director, employee or consultant of, in or to any Norton Rose Fulbright entity (whether or not such individual is described as a ‘partner’) accepts or assumes responsibility, or has any liability, to any person in respect of this communication. Any reference to a partner or director is to a member, employee or consultant with equivalent standing and qualifi cations of the relevant Norton Rose Fulbright entity. The purpose of this communication is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of any Norton Rose Fulbright entity on the points of law discussed. You must take specifi c legal advice on any particular matter which concerns you. If you require any advice or further information, please speak to your usual contact at Norton Rose Fulbright.
Construction and engineering disputes
As part of the world’s largest disputes team we offer a comprehensive and commercially focused disputes management service to major developers, owners, employers, contractors, financial lenders and all other stakeholders in the construction and engineering industry.
We advise global construction and engineering companies on the full range of national and international standard-form construction, maintenance and operation contracts (including FIDIC, NEC, JCT and LOGIC), as well as bespoke contract forms and project agreements.
Our extensive experience covers commercial and industrial real estate; rail, road, port and airport infrastructure; waste, water and energy facilities; power generation facilities; oil and gas facilities; mining; and ancillary transport and logistical facilities.
We are ranked among the world’s top 10 global arbitration practices, Global Arbitration Review 100, 2014
We are the largest global disputes practice, with over 980 lawyers worldwide
We tailor our service to suit your needs:
We become an integrated part of your team
With a focused team we can quickly absorb the commercial context of your project and assess your legal risks. Whilst we have a wealth of talented resources on which to draw should the need arise, we do not flood each matter with lawyers by default. We build our team around your needs, taking into account the resources that you may already have by way of staff and external advisers.
This approach allows us to identify and manage risk proactively, an approach which can drastically reduce the scale and cost of formal disputes that arise on a project. We have also successfully delivered workshops and training programmes on key aspects of contract procedure and dispute management to ensure that clients and their teams can take best advantage of the dispute management advice and services we offer.
We provide you with a full service offering
We can help you with all phases of your project, be it during the pre-contract negotiation stage, post-contract risk management and in any subsequent dispute resolution forum which you may potentially be facing.
We proactively help you with the risks you can control, such as project delay and overspend, while reacting quickly and flexibly to risks outside your control, such as the changing face of government policy and regulation. By staying on top of all these variables, our approach aims to reduce the risk for formal dispute procedures which are inherently expensive and uncertain.
We use in-house technology to improve our cost efficiency and reliability
Construction disputes are often document heavy affairs. Our in-house e-disclosure team uses cutting edge technology and in-depth industry knowledge to deliver efficiencies throughout the e-disclosure lifecycle. Our integrated approach manages risks and controls costs for our clients across their entire litigation portfolio and overall data management strategy, by minimising the volume of documents requiring manual review in a reliable and auditable manner.
In contrast to many of our competitors, we never outsource this entire function to costly third-party providers for a generic service: we blend in-house tools and know-how with leading third-party software to provide you with bespoke solutions.
Norton Rose Fulbright 03
Our capabilities across Europe, the Middle East and Asia
Our experience extends across the full range of dispute resolution forums
Our disputes practice is recognised for providing commercially astute advice across all the main dispute forums. We understand the intricacies of each forum, and can guide you confidentially through every phase, with the aim of securing the most commercially beneficial and cost effective results. We work regularly with experts in all areas of construction disputes. We provide tailored support to clients on live construction projects, designed to avoid and manage commercial differences before they escalate into formal disputes.
Alternative dispute resolution We advise on dispute avoidance techniques, alternative dispute resolution procedures and have extensive experience of expert determination, mediation, conciliation and all forms of ADR.
Advising the British owner of a large offshore wind farm in an expert determination with its contractor concerning (amongst other things) the payment for certain works relating to the offshore substation platforms and the wind turbine generators.
Acting for a lender in a complex dispute as to M&E and other aspects of alleged defective performance relating to a substantial commercial property in the UK. There were multiple parties involved in a two day mediation chaired by a leading QC.
ArbitrationWe have extensive experience advising on all types of institutional and ad hoc commercial construction and engineering arbitrations involving a wide variety of governing laws and procedural seats. We advise on procedural and jurisdictional issues and often conduct the advocacy in arbitral hearings. Our experience covers bilateral and multilateral investment treaty disputes and arbitrations, and we also advise on enforcement of arbitral awards worldwide.
Advising a Qatari employer in a US$500m ICC arbitration concerning claims for extensions of time and defects in relation to a gas fired power plant constructed pursuant to a FIDIC based EPC contract.
Representing a Russian subcontractor in relation to a US$70m ICC arbitration in Geneva regarding disputes with a main contractor under an EPC subcontract relating to an oil hydroprocessing facility in Russia.
AdjudicationWe regularly act for clients in domestic and international statutory and contractual adjudications (including DABs). Our experience of these procedures ensures we can help clients work within the short timescales of the adjudication process and make effective, tactical and cost-efficient use of adjudication as part of a wider disputes management strategy rather than merely hoping to survive the process.
Conducting adjudications on behalf of a UK contractor against various airport authorities regarding entitlement to compensation in respect of works undertaken under an amended form of NEC3 contract.
Acting for a London based leading market insurer in defending an adjudication claim brought by a building contractor concerning a commercial development in central London. The claim concerned delay and defects and required extensive use of programming and other expert evidence. The adjudicator’s award was favourable to our clients.
LitigationWe act for clients in high-value construction and engineering litigation disputes in the Technology and Construction division of the High Court and the Commercial Court. We also have experience of litigating procurement challenges under the public procurement regulations and applications for injunctions and other interim relief, including challenges to and enforcement of adjudication awards. We use advanced technology to ensure effective case management and control of e-discovery so that our clients have full transparency on legal information and costs.
Acting on behalf of a contractor in the Technology and Construction Court on a split liability, and damages procurement challenge against a local authority under the public procurement regulations.
Acting for a world leading lift and escalator company in a high value multi-party dispute in the Technology and Construction Court in defending a claim brought by the owner of a shopping centre in the UK for alleged defects and/or non-performance of certain equipment. The case involves substantial expert evidence and documentation.
References to ‘Norton Rose Fulbright’, ‘the law fi rm’, and ‘legal practice’ are to one or more of the Norton Rose Fulbright members or to one of their respective affi liates (together ‘Norton Rose Fulbright entity/entities’). No individual who is a member, partner, shareholder, director, employee or consultant of, in or to any Norton Rose Fulbright entity (whether or not such individual is described as a ‘partner’) accepts or assumes responsibility, or has any liability, to any person in respect of this communication. Any reference to a partner or director is to a member, employee or consultant with equivalent standing and qualifi cations of the relevant Norton Rose Fulbright entity. The purpose of this communication is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of any Norton Rose Fulbright entity on the points of law discussed. You must take specifi c legal advice on any particular matter which concerns you. If you require any advice or further information, please speak to your usual contact at Norton Rose Fulbright.
Norton Rose FulbrightNorton Rose Fulbright is a global legal practice. We provide the world’s preeminent corporations and financial institutions with a full business law service. We have more than 3800 lawyers and other legal staff based in more than 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia.
Recognized for our industry focus, we are strong across all the key industry sectors: financial institutions; energy; infrastructure, mining and commodities; transport; technology and innovation; and life sciences and healthcare.
Wherever we are, we operate in accordance with our global business principles of quality, unity and integrity. We aim to provide the highest possible standard of legal service in each of our offices and to maintain that level of quality at every point of contact.
Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP and Norton Rose Fulbright South Africa Inc are separate legal entities and all of them are members of Norton Rose Fulbright Verein, a Swiss verein. Norton Rose Fulbright Verein helps coordinate the activities of the members but does not itself provide legal services to clients.
nortonrosefulbright.com
© Norton Rose Fulbright LLP NRF20169 02/15 (UK) Extracts may be copied provided their source is acknowledged.
Contacts
If you would like further information please contact:
LondonDonald WarnockPartnerNorton Rose Fulbright LLP Tel +44 20 7444 [email protected]
Simon RamsdenPartnerNorton Rose Fulbright LLP Tel +44 20 7444 [email protected]
Deborah RuffPartnerNorton Rose Fulbright LLPTel +44 20 7444 [email protected]
Mark StauntonOf CounselNorton Rose Fulbright LLPTel +44 20 7444 [email protected]
MoscowYaroslav KlimovPartnerNorton Rose Fulbright (Central Europe) LLPTel +7 499 924 [email protected]
ParisChristian DarghamPartnerNorton Rose Fulbright LLPTel +33 1 56 59 52 [email protected]
DubaiPatrick BourkePartnerNorton Rose Fulbright (Middle East) LLPTel +971 4 369 [email protected]
Charlotte BijlaniPartnerNorton Rose Fulbright (Middle East) LLPTel +971 4 369 [email protected]
Hong KongJames RogersPartnerNorton Rose Fulbright Hong KongTel +852 3405 [email protected]
