A £20 million site redevelopment scheme for major plc requiring advice as to the contract selection and negotiation with contractor, appointment of full professional team, review of contract orders, advising as to project risks and payment, negotiation of full warranty package, attendance and participation in core team meetings.
Acting on behalf of wind farm developer in ICC arbitration in relation to claim by turnkey contractor to recover £4.5m withheld in relation to delay damages and failure to achieve availability warranties- disputed by contractor on grounds that design changes by developer caused delay and the availability was subject to change; following the bespoke dispute resolution procedure the parties agreed on appointment of arbitration panel, comprising 2 engineers and counsel; preliminary meeting and pleadings- then mediation and numerous informal and formal meetings before settlement was achieved.
Acting for contractor in partnering agreement with local authority for provision of new school and sports facilities in exchange for partial development of playing fields, which required negotiation of tri-partite agreement – council/contractor/developer. The school was in London- playing field was sold for housing and the contractor instructed to build houses and the local authority then engaged the contractor to build the new school on the retained element of the playing fields; when the new school was completed the balance of the playing fields were transferred to the developer and the housing development completed.
Contract and drafting advice in relation to several stadia developments. Acting for a specialist sub contractor where the main contract was on design and build and sub contract initially on letters of intent and then standard form and numerous adjudications to enforce and obtain payment.
Acting on behalf of a contractor in a joint venture for £30 million development of new five star hotel in Manchester City Centre, with the negotiation of not only all contract documents and liabilities but also on the agreement and specification with hotel operator. This included drafting and agreement of the joint venture agreement between the contractors for the build and agreement of the construction procedure between the contractors including reporting and control.
Advising on waste management PFI deal in UK for implementation of a £750m joint venture scheme, included the appointment of the engineer and project manager as well as the turnkey contractor, including negotiation of take-over and acceptance procedures. The Engineer’s appointment was an amended form ACE with project specific obligations to cover obligation to funders and to joint venture; negotiations between turnkey contractor and their Italian specialist process provider which also required a bespoke contract as the supplier owned and retained all IP in the process which was at that stage untested- implementation of acceptance procedure as between these parties and then negotiation with the funders and the local authorities as to what would constitute a working process, in relation to throughput and collection as well as building and commissioning times.
Advising local authority in relation to a land stabilisation scheme. – this was on NEC form; advising the client as to use of NEC and providing review of contract version proposed and additional z clauses and also included the drafting of bespoke forms of appointment for EC Harris and Atkins who were the retained consultants on the project- both of whom had been working for some time and therefore their appointments had to reflect the pre-existing work and future work- importance was the extent to which these consultants were prepared to accept liability for design without indemnity from the ODPM.- they were not prepared to accept full liability as they had been promised they would have limited risk for design; aspects of this project included the need to advise and draft several peripheral contracts such as an agreement with local land owners and operators regarding the location and use of brine pits and supply of pfa and cement for grout; the project also had several road and river crossings which required additional risks.
Advising and drafting of Engineering Procurement and Construction contract for one of UK’s largest on-shore wind farm. Based on FIDIC silver book but amended to reflect the altered negotiating position of the parties in wind farm projects; additional provisions for testing and take over and the negotiation of liquidated damages for delay, availability and performance; termination provisions also enhanced; linked to the EPC was a five year operation and maintenance services agreement (oms) for the project; funders represented by magic circle firm and this required negotiation of direct agreements with funders to replicate the EPC and OMS; there were also direct contractor agreements.
Acting on behalf of wind farm developer in icc arbitration in relation to claim by turnkey contractor to recover £4.5m withheld in relation to delay damages and failure to achieve availability warranties- disputed by contractor on grounds that design changes by developer caused delay and the availability was subject to change; following the bespoke drp procedure the parties agreed on appointment of arbitration panel- 2 engineers and counsel; preliminary meeting and pleadings- then mediation and numerous informal and formal meetings- settlement achieved at £2m.
Advising and drafting consultant’s appointments, liability issues and project heads of terms and subsequently advising on consequential issues relating to selection and appointment of contractor for £60m waste to energy plant. Italian company but without a pre-agreed process provider. The process provider was to be retained by turnkey contractor and required negotiations with the contractor, drafting of engineer’s appointment on amended form of ACE together with separate element to cover intended review of process proposals outside of project agreement.
International arbitration concerning loss and expense and contract delay claims for a harsh environment jack-up rig, claim valued at approximately $80m. Involved in review of initial advice from consultants regarding delay and disruption elements and instruction of counsel. Involvement in the establishment of the regime for review of documentation and preparation of further expert evidence and witness statements prior to team being sent to Korea.
Acting for a variety of clients to undertake complete review of their project contracts and procedures which has included advice and drafting in relation to MF/I; IChemE Red, Green, Yellow and Brown books; FIDIC Silver book; Minor Works contract; JCT98 WCD; as well as a number of bespoke EPC contracts.
MF/1- review and provision of amendments for multi national food company and for use with both specialist plant purchase and works contracts where the contract would be for refurbishment of their production facility to incorporate the new equipment and usually with extensions and additional works carried out at the same time. This often mean in combination with other standard forms such as JCT 80/98 or IFC.
Acting on pharmaceutical project for new vaccines plant value circa £50m, which initially required drafting and negotiation of standard amends to JCT D+B for contract between the developer and their frame contractor, with subsequent drafting/negotiation of IChemE red book between developer and client acting as contractor and then drafting/negotiation of IChemE green book between client and their contractor and then direct contract negotiations between client and their direct sub contractors on yellow and brown IChemE for mechanical and electrical and civils; this also required all professional appointments and warranties; direct negotiations with both the client’s contractor and the sub contractors and the developer and their legal team; review and advice as to acceptance and take over procedure and reporting to American parent on all aspects of transaction.
Acting for international paint manufacturer in relation to new factory at existing site in Sheffield; main contract on jct 98 and also minor site works on IFC for of contract; jct amended to take account of specific requirements for specialist fit out works and commissioning requirements.
Due diligence exercise on behalf of banks to review standard forms of contracts to be used by developers and negotiating with developers’ legal advisors as to amendments required for protection of funder and for the provision of warranties which also involved the review and advice on the consultants appointments.
Drafting and negotiation of engineering procurement and construction contracts and build operate and transfer contracts for client with Ghanian government relating to construction of oil pipeline from offshore to onshore depot and supply agreement relating to oil storage farm. This also involved the subsequent drafting and negotiation of the subcontract for the turnkey construction works and ongoing maintenance agreement with a Greek contractor- contract value $15m.
Advice, negotiation and drafting of sub contract (equivalent to main contract) for East Kent rail franchise, including the review of the spv contracts and the pass down of the funding and liability obligations and the negotiation of warranties to the spv. This required instruction as to the requirements for rail possessions and early access obligations and the specific testing and commissioning routine required for rail works. Stringent liability caps and the instruction of their own design sub contracts were also necessary. Funders and main contractor represented by magic circle firms.
The drafting of standard forms of subcontract for rail contractor for use with their own sub contractors with and without design and for the engagement of their consultants with and without design- these contracts had to combine small works with main contract obligations and elements of a typical engineering contract with and without design.
Advising and acting for Chinese contractor in relation to their pursuit of port re-development project- project value circa £250/300m; including introducing and advising on appointment of financial advisors and on range of aspects legal and otherwise including immigration advice; aggregates levy; review of the project contract terms and conditions; advice and negotiation with joint venture partner in UK.
Acting for dairy company in relation to re-development of a major dairy site over 5 phases, with a total value £15m. This required the drafting and negotiation of a series of JCT contracts and warranties together with advice and provision of letters of intent and finally advising in dispute with main contractor.
Drafting amendments and providing advice to dairy company in relation to a number of ongoing projects for dairy refurbishments ranging in value from 50k to 500k and using amended forms of JCT to include as appropriate the appointment of consultants and the review of consultants retained by the contractors.
Food sector- non contentious advice and contract drafting on both standard and non standard forms.
Food sector- non contentious advice on standard and non standard forms; contentious advice relating to LOI and arbitration proceedings.
Review and drafting of complex rail franchise agreements and drafting of sub contracts for sub contractors and consultants.
Advice and drafting on IchemE forms of contract for complex engineering projects.
Real estate development advice- JCT forms.
Oil and Gas – non contentious- drafting of EPC for cracker plant in Hull.
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