DWF UK - Construction & Engineering Team Sheet - Www_dwf_co_uk.

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Construction & Engineering team°March 2013



Construction & Engineering team

March 2013

2

The Team°

Partners Paul O’Kane 4 Paul Barge 5 James Bessey 5 James Driver 6 Ian McCann 6 Suzanne Moir 7 Adam Nell 7 Christopher Ryan 8 Murray Shaw 8 Andrew Symms 9 Penny Tate 9

Associates

Roger Allsup 10 Hayley Cochrane 10 Maria Deus 10 Derek Ferguson 11 Wendy Greenwood 11 Isobell Reid 11 Guy Thomas 12




March 2013

3

Solicitors

Pandora Lougheed 12 Jennie Matthews 12 Jack Cantwell 13 Charlotte Chadwick 13 Tanya Chadha 13 Saghir Munir 14 Mark Christie 14 Dawn Smithies 15 Jo Merrick 15 Emma Fitzgerald 15 Katy Holder 15




March 2013

4

Paul O’Kane

Head of Construction & Engineering Group

Paul leads DWF’s Construction & Engineering team and also heads up the

Manchester Real Estate team. Paul is a specialist in both contentious and non-

contentious construction and engineering law. A former engineer Paul has

wide domestic and international experience of advising on procurement,

drafting and negotiating mechanical and civil engineering contracts andadvising on the resolution of construction and engineering disputes. Paul is

familiar with all of the major forms of engineering contracts including ICE, ICC,

JCT, GCWorks, MF1, NEC, FIDIC and I Chem E.

The team consists of 29 dedicated construction and engineering lawyers

including 11 partners and directors based in Edinburgh, Glasgow, Leeds,

Liverpool, London, Birmingham and Manchester. The team specialises in both

contentious and non-contentious work and its services include:

• Procurement advice including compliance with the Public ProcurementRegulations

• Drafting development and construction contracts• Drafting mechanical, civil and process engineering contracts• Adjudication• Arbitration and Litigation• Alternative dispute resolution including mediation and expert determination• Project advice including EPC, PPP, BSF and PFI• Professional terms of engagement• Collateral warranties• Guarantees, sureties and bonds

The team’s members have worked on some of the largest projects in the

country in recent years including Edinburgh Trams, the Olympics and the

nuclear new build program. The team has also advised on a number of highvalue disputes for leading organisations including Siemens, EDF, Halliburton

and Liverpool City Council.

Partner DD +44 (0)161 603 4979E paul.o’[email protected]




March 2013

5

Paul Barge

Paul is a partner in our Manchester office who specialises in contentious and

non-contentious construction and engineering law. In addition to his ten years

as a solicitor in these areas, he is also a former contracts manager and

industry consultant.

Paul has extensive experience of drafting and advising on standard / bespoke

construction and engineering contracts and associated documentation such as

NEC, ICE, MF1, JCT, development and project agreements as well as

representing clients in all forms of dispute resolution including litigation,arbitration, adjudication, expert determination and mediation.

He has acted on a wide range of domestic and international projects including

power generation, Chemical facilities, civil engineering and infrastructure

works, sports stadiums, heritage schemes, PFI projects and large scale

residential /commercial developments.

Partner DD +44 (0)161 603 4984E [email protected]

James Bessey

James is a specialist contentious construction dispute resolver with 20 years’

experience and an MSc in Construction Law and Arbitration. Dispute

resolution works include national and international cases, private and public

sector and a host of reported authorities. International work has included

disputes on a new national rugby stadium, an El Salvadoran Power station,

Military bases in Iraq, a Chocolate factory in Russia and a new Japanese

Embassy building in Moscow to name but a few.

Nationally James has worked on high profile projects such as Wembley

Stadium, Olympics related disputes, the National Space Science Centre and

for two premiership football clubs. He also handled large scale TCC disputes

such as Fitzpatrick v Tyco (£27m) and EMCOR v Sir Robert MacAlpine (£14m

claim and £80m counterclaim) as well as a series of rail sector issues includinga £170m Specialist contract on CTRL (Channel Tunnel Rail Link) and a series

of signaling related disputes.

Court of Appeal cases include Aldi Stores v WSP, Indata v ACL and EMCOR v

Sir Robert MacAlpine. Adjudication authorities include FW Cook v Shimizu,

Shimizu v Automajor and Comsite v Andritz.

James has been a regular legal column panel writer for Building for over 10

years. He has also given many seminars and training sessions on aspects of

Construction Law.

James has been recognised as a leader in his field for over 10 years in both





March 2013

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Chambers and Legal 500.

James Driver

James has experience of resolving a wide range of commercial and property

disputes through litigation, arbitration, adjudication, mediation and other forms

of ADR. James has acted on a number of high profile and high value claims,

including: the Portcullis House project in London (providing conference and

meeting facilities for all MPs), a multi-million pound dispute arising out of a

contract for the construction of a storage facility for intermediate level nuclear

waste at a nuclear power station, a multi-million pound dispute with a localcouncil in southern England concerning a large redevelopment agreement,

asbestos contamination at an industrial site and cross-border litigation against

a luxury yacht manufacturer.

Although James has experience of all types of commercial and chancery work,

James specialises in resolving engineering and construction disputes. In

addition to nuclear facilities and other large industrial sites, the subject matter

of James’ work has included sports facilities, roads, office blocks and

residential developments. His clients include national and international

developers and contractors.

Partner DD +44 (0)161 603 5022

E [email protected]

Ian McCann

Ian has over 10 years’ experience in all aspects of non-contentious

construction and engineering law providing construction advice for local

authorities, developers, purchasers, funders and tenants in both the public and

private sectors from inception to completion.

Ian has significant experience on a wide range of standard forms of

construction and engineering contracts (mainly JCT, ICE, NEC, IChemE and

FIDIC Standard Forms of Contract) and in drafting the bespoke amendments

that are required for each of these forms on a project by project basis. He iscommitted to establishing and maintaining close working relationships with

clients and to the delivery of a high quality service with a pragmatic approach

to construction advice and a strong commercial awareness of clients’ needs

and objectives.





March 2013

7

Suzanne Moir

Suzanne has a broad range of experience in advising on major infrastructure

procurements. She has particular experience in the waste, defence and

transport sectors (including light rail, ferries and roads) and advising on PPP

projects generally. Suzanne specialises in complex bespoke procurements

using her experience across a wide range of sectors to develop innovative

procurement models.

Suzanne has advised all stakeholders in major procurements from

procurement through to completion, providing strategic commercial advice at

all stages of the project cycle.


Adam Nell

Adam is based in DWF’s Construction & Engineering team in London,

specializing in construction and engineering disputes. He has extensive

experience of all types of dispute resolution procedures, ranging from litigation

and arbitration through statutory adjudication to ADR techniques such as

mediation, conciliation, expert determination and dispute boards.

Adam has acted for a large number of blue chip national and international

clients in the petrochemical, rail, engineering, nuclear, construction, marine

and automotive sectors.

Most of his matters have been construction or project disputes, but he has

additional experience of computer disputes, M&A disputes and complex, large-

scale yacht construction disputes. Many of his disputes have involved cross-

border issues and the application of a number of different systems of law.

Adam also undertakes elements of non-contentious, construction work,particularly in relation to the NEC and FIDIC forms of contract.

Adam has experience of all the main sets of commercial arbitration rules

including UNCITRAL, LCIA and ICC rules.

Director DD +44 (0)207 645 9617E [email protected]




March 2013

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Christopher Ryan

Christopher is based in our London office, and heads up the Commercial

Insurance team, dealing with professional risks arising out of construction and

engineering disputes for insurers. As well as acting for London Market insurers

RSA, Sterling, Travelers and Chubb, Christopher has specialised in claims

arising out of the utility and power sectors.

Christopher has acted on a large number of major civils and infrastructureprojects including a large water utility company in respect of failure to its

strategic water infrastructure pipelines and acting for an M & E subcontractor

on the refurbishment of a major listed landmark project on acceleration

measures, disputes over variations and the Final Account. He has also had a

great deal of experience in working on commercial developments including

acting for the insurers of a main contractor, sued by its employer in respect of

a £20m refurbishment contract and advising a Design and Build Contractor on

a major leisure resort in respect of a contested Final Account.

Christopher’s non-contentious experience includes advising on domestic

standard forms, project management, preparation of tender documentation,

joint venture arrangements, methods of procurement, building contracts,consultant agreements, warranties, parent company guarantees and

performance bonds, consultant appointments, warranties and fee schedules.


Murray Shaw

Murray has been involved in contentious and non-contentious construction

work for over 20 years, he also advises clients on planning matters. He is

accredited by the Law Society of Scotland as an Expert on both and he is a

member of the Chartered Institute of Arbiters.

As well as advising clients, Murray has also acted as an Arbiter and

Adjudicator as well as a Legal Advisor to Adjudicators. He has been actively

involved in a number of adjudications arising out of PFI/PPP schemes both as

Adjudicator and acting for clients (both local authorities and developers) in

relation to disputes arising out of such contracts.

Murray was also part of the team that advised Siemens on the procurement of

the Edinburgh Trams Contract and thereafter provided strategic advice in

relation to the significant disputes which arose under that contract with a

number of these being resolved by adjudication.

Partner

DD +44 (0)141 228 8130E [email protected]




March 2013

9

Andrew Symms

Andrew has over 20 years’ experience working on construction projects, both

international and domestic, non-contentious and contentious. These projects

have ranged from residential and commercial buildings to international

sporting venues to power stations, transmission lines and process plants. He

has a wide range of contracting experience and of the issues surrounding the

delivery of projects on time and to cost. The work includes drafting and

reviewing the terms and conditions of building contracts, professional

appointments, collateral warranties and security documentation including

performance guarantees and parent company guarantees. He also deals with

all forms of dispute resolution relating to these documents.

His clients include banks, construction and energy companies, airports,

airlines, property developers, contractors, public authorities and sports clubs.

Andrew is identified in the Chambers & Partners and Legal 500 directories as

a leading individual for construction and energy law. He is a member of the

Chartered Institute of Arbitrators and the Society of Construction Law. Andrew

is familiar with all British standard forms of building contracts, together with

frequently used PPP and PFI forms. He is qualified in England, Australia and

Hong Kong.


Penny Tate

Penny specialises in non-contentious construction law matters. She has a

wealth of experience advising public and private sector clients on all aspects of

construction related matters from inception to completion to ensure a

comprehensive and satisfactory outcome. This includes advice in relation to

development finance, methods of procurement, the preparation of standard

and bespoke building and EPC contracts, collateral warranties, third party

rights and security documentation including bonds and guarantees. Penny

has significant experience on a wide range of standard form contracts

including JCT, NEC, FIDIC, MF/1 and ICC and has also been involved inadvising on construction issues in relation to PFI/PPP projects on both a

national and international stage. Penny is recognised in both Chambers and

Legal 500.





March 2013

10

Roger Allsup

Roger is a specialist in both contentious and non-contentious construction and

engineering law. He has diverse experience of high value and complex

disputes and the types of disputes that arise every day in the construction and

engineering industries. He also has wide experience in drafting, advising on

and negotiating both domestic and international construction and engineering

contracts. He acts for commercial employers, public bodies, education sector

clients, contractors, sub-contractors and professionals. Examples of his work

include civil, mechanical and electrical engineering contracts and building

contracts (both contract drafting and disputes) on all the major standard form

contracts, many non-standard forms and work on matters that have no form of

contract at all. He has acted on many types of projects, including university

and further education projects, roads, sports facilities, hotels, office blocks,

housing and residential developments.

AssociateDD +44 (0)161 603 5132E [email protected]

Hayley Cochrane

Hayley Cochrane is an Associate in the Construction & Engineering team and

joined Cobbetts, prior to transferring to DWF, 7 years ago having workedpreviously for over 20 years in-house for one of the UK’s largest financial

institutions involved in banking and insurance. Hayley has a vast amount of

experience providing advice on all construction related issues in relation to

investment and business property portfolios. Hayley’s experience includes

advice in relation to developing, funding and refurbishment projects, the

preparation of framework agreements, facilities management contracts,

professional appointments, collateral warranties, bonds and parent company

guarantees. She has advised on methods of procurement including JCT,

GC/Works, NEC3, FIDIC, EPCM and Partnering Agreements.

AssociateDD +44 (0)161 838 0363 E [email protected]

Maria Deus

Maria is an Associate in our Construction & Engineering team who specialises

in both contentious and non-contentious construction and engineering law.

She has worked as in-house counsel for a private developer and a multi-

national construction company for seven years and has extensive experience

of dispute resolution through litigation, adjudication and ADR as well as the

drafting of standard / bespoke industry contracts and associated documents

such as JCT, NEC and ICE forms. Non-contentious experience includes

negotiating and drafting various construction documents, standard form and

negotiated construction contracts, professional appointments, collateral

warranties and bonds.





March 2013

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Maria has worked on both contract documentation and disputes in respect of a

diverse range of schemes such as large sports stadia, commercial/residential

developments, education facilities, hospitals, airports, hotels, waste and

energy plant and civil engineering works.

Derek Ferguson

Derek has extensive experience of Projects, Dispute Resolution and

Commercial Property in both the Public and Private Sectors. He was a Partner

in Private Practice in Inverness for 17 years before working in the Public

Sector for both Glenrothes Development Corporation and the Central LegalOffice (CLO) of the NHS. He then joined the Construction Team at Anderson

Strathern before becoming Head of Commercial at Neilsons Solicitors.

AssociateDD +44 (0)131 474 2311M +44 (0)E [email protected]

Wendy Greenwood

Wendy is based in our Leeds office. Wendy specialises in both contentious

and non-contentious construction and engineering law and she has a wide

range of both procurement and dispute resolution experience.

Her non-contentious work includes helping clients to protect their interests and

drafting and negotiating building contracts, professional appointments,

warranties, surety documentation and other construction documentation.

She has much experience in helping clients resolve disputes through all the

different forums including litigation, arbitration, adjudication, mediation,

negotiation and other forms of ADR.

Wendy’s clients include banks, developers, contractors, sub-contractors,

consultants, insurance and manufacturers.


Isobell Reid

Isobell works in our Glasgow office specialising in contentious construction

work. She has an LLM in Construction Law from Strathclyde University and is

a member of the Chartered Institute of Arbiters.

Isobell has extensive adjudication experience, acting for a number of clients,

both employers (including public sector employers) and contractors. She was

also part of the team advising on the Edinburgh Trams Project and the

disputes which that project generated both at main contract and sub contract

level.





March 2013

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In addition to contentious construction work, Isobell is familiar with property

disputes more generally and has handled a number of applications before the

Lands Tribunal in Scotland.

Guy Thomas

Guy is a dual qualified Chartered Civil Engineer and Solicitor specializing in

contentious and non-contentious construction and engineering law. Non-

contentious experience includes negotiating and drafting various construction

documents, standard form and negotiated construction contracts, professionalappointments, collateral warranties and bonds. Guy is familiar with all methods

of dispute resolution including mediation, adjudication and litigation in the

Technology and Construction Court.

Recent experience involves successfully defending a claim in quantum meruit

for a local authority; successful application to the Technology and Construction

Court on a new point of law concerning adjudicators decisions; completion of

all construction documents in relation to a hotel development and successfully

bringing a claim in the Technology and Construction Court on behalf of a

consultant for nonpayment of its professional fees.


Pandora Lougheed

Pandora specialises in both contentious and non-contentious construction and

engineering law. Pandora’s clients include banks, developers, contractors,

sub-contractors and consultants. Pandora has experience of the resolution of

disputes through litigation, mediation, adjudication and arbitration. Pandora

also has experience in drafting construction and engineering agreements. Senior Solicitor DD +44 (0)161 603 5129E [email protected]

Jennie Matthews

Jennie is based in our Manchester office and specialises in both contentious

and non-contentious construction and engineering law. Jennie’s clients include

banks, developers, contractors, subcontractors, consultants and insurers.

Jennie has experience of the resolution of disputes through litigation,

mediation, adjudication and arbitration. Jennie also has experience in advising

on warranties and appointments.Senior Solicitor DD +44 (0)161 603 4989E [email protected]




March 2013

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Jack Cantwell

Jack advises public and private sector clients including developers, main

contractors, specialist sub-contractors and in-house legal teams on all aspects

of construction related matters. He has experience of advising in relation to the

preparation of professional appointments, collateral warranties and the use of

standard form contracts including JCT, NEC, EPC, ICE (now ICC) and FIDIC

standard forms of contract.

Jack advises on a wide array of construction disputes utilising various methods

of dispute resolution including commercial settlement, mediation, adjudication,arbitration, expert determination and court proceedings as appropriate.

Jack has advised on both contentious and non-contentious matters arising out

of large scale, complex multi-party PFI projects. He acts for clients based both

in the UK and internationally.

Solicitor DD +44 (0)845 404 2248 E [email protected]

Charlotte Chadwick

Charlotte is a Solicitor in the Manchester office and specialises in both

contentious and non-contentious construction and engineering law. Charlotte

has had experience of dispute resolution through mediation, adjudication and

litigation. Charlotte has worked for developers, contractors, sub-contractors,

consultants, insurers, insolvency practitioners and individuals. She also has

experience of advising on construction agreements, including collateral

warranties and professional appointments

Solicitor DD +44 (0)161 604 1636E [email protected]

Tanya Chadha

Tanya is experienced in both contentious and non-contentious construction

matters, and advises a range of public and private sector clients includingdevelopers, contractors, sub-contractors and in-house legal teams. Tanya

advises on assorted construction disputes using different methods of dispute

resolution including commercial settlement, mediation, adjudication, and court

proceedings (including High Court TCC and Court of Appeal litigation) as

appropriate.

Tanya has advised on non-contentious construction matters across the NEC,

JCT and ICE standard forms of contract. Including reporting on construction

documents, negotiating agreements and preparing contract amendments.

Solicitor DD +44 3333 20 22 20 E [email protected]




March 2013

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Saghir Munir

Saghir is based in the Leeds office and specialises in both contentious and

non-contentious construction and engineering law. Saghir has worked for

banks, developers, contractors, sub-contractors, consultants, insurers,

liquidators and individuals. He has experience of dispute resolution through

litigation, mediation, adjudication and arbitration comprising both small and

multi-million pound disputes. Saghir also advises consultants and sub-

contractors on warranties and appointments.


Mark Christie

Mark is a Solicitor based in the Manchester office and specialises in both

contentious and non-contentious construction and engineering law. Mark has

had experience of dispute resolution through mediation, adjudication,

arbitration and litigation. Mark has worked for developers, contractors, sub-

contractors, consultants, insurers, and individuals. He also has experience of

advising on construction agreements, including collateral warranties and

professional appointments.





March 2013

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Dawn Smithies

Dawn specialises in non-contentious construction matters with experience

acting for public and private sector clients, funding institutions and developers.

She has had experience is identifying and discharging obligations contained

within development and building agreements in relation to new build projects

and refurbishments which involved liaising with various third parties such as

purchasers, tenants and institutional financiers. She has been involved with

major developments and banking schemes in which she has undertaken the

preparation and negotiation of construction documentation such as

development agreements, building contracts, appointments of design

consultants, collateral warranties, performance bonds, letters of reliance etc as

well as the review and use of standard form construction documents

Chartered Legal ExecutiveDD +44 (0)845 404 1742

E [email protected]

Jo Merrick

Joanne specialises in non-contentious construction and engineering law.

Joanne has considerable experience in drafting and negotiating appointments

and warranties. She acts primarily for developers of all sizes. Joanne also

advises consultants on appointments and warranties.

Senior Legal Adviser DD +44 (0)151 907 3246E [email protected]

Emma Fitzgerald

Emma is a Paralegal based in the Liverpool office and has experience of both

contentious and non-contentious construction and engineering law. Emma

has experience of drafting and negotiating construction contracts, professional

appointments, collateral warranties and novation agreements. She has also

gained experience in dispute resolution through the pre-action protocol

process, litigation on the Technology and Construction Court and international

arbitration.

ParalegalDD +44 (0)151 907 3418E [email protected]

Katy Holder

Katy is a Paralegal based in the Leeds office and supports the team in both

contentious and non-contentious construction and engineering law. Katy has

had experience of dispute resolution as well as the preparation of construction

agreements.

Katy Holder DD +44 (0)113 261 6518E [email protected]



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©DWF LLP 2013

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a Member of DWF LLP or an employee or consultant with equivalent standing and qualifications. DWF LLP (registered number OC328794) is

authorised and regulated by the Solicitors Regulation Authority. ISO 9001:2008 Certificate No LRQ 4003826. DWF LLP is also recognised as an

incorporated practice by the Law Society of Scotland with registered number 43186. In Scotland, DWF LLP uses the brand “DWF Biggart Baillie”.

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DWF UK - Construction & Engineering Team Sheet - Www_dwf_co_uk.

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