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.
Contract and drafting advice in relation to several stadia developments. acting for specialist sub contractor where the main contract was on design and build and sub contract initially on letters of intent and numerous adjudications to enforce and obtain payment.
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 re 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.
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 on behalf of liquidators for loss and expense claim relating to land reclamation scheme. The claimant was the ground works contractor and the defendant was the local authority. The claim was originally valued at £1.6m but it was necessary to down grade the value of claim following discovery without giving away negotiating position. Mediation was used at the mid point of the arbitration. The liquidators then moved the claim onto a contingent fee basis and following exchange of experts’ reports relating to engineering aspects and quantum and witness statements, a settlement of 550k plus costs was negotiated.
Drafting amendments and providing advice to diary 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.
Advice and drafting on IchemE forms of contract for complex engineering projects.
Arbitration against multinational contractor re loss and expense claim and counterclaims.
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