Summary

Since commencing in practice, Andrew has specialised in the law of commercial obligations and professional negligence, particularly in the context of disputes concerning major construction and engineering contracts and IT projects. He has had much involvement in energy, infrastructure and telecommunications disputes and has acted for main contractors, sub-contractors, professionals and employers, including national and foreign governments.

He has significant experience in international commercial arbitration and has appeared in many disputes referred to arbitration under the auspices of the ICC, the HKIAC, the LCIA and the LMAA. Andrew has a developing interest in international investment disputes and is currently instructed in an Investor-State arbitration proceeding before the International Centre for the Settlement of Investment Disputes (ICSID).

Related areas of law in which he has detailed knowledge and experience include ship construction and conversion, insurance and performance bonds.

He is an accredited Civil and Commercial Mediator and has been appointed as a Arbitrator, Adjudicator, Legal Assessor and Legal Expert in various disputes. He is a member of the Attorney-General's panel of Special Advocates for SIAC appeals involving matters of National Security. He was recently admitted on an ad hoc basis to the Hong Kong Bar

Andrew is listed over many years first as a leading junior and then as a leading silk by The Legal 500 (Construction, Commercial Arbitration and Information Technology), Chambers Guide to the UK Legal Profession (Construction and Information Technology) and Chambers Guide to Asia (Arbitration) and Chambers Global Guide (Construction).

Construction and Engineering

He has represented a large number of employers, governments, contractors, sub-contractors and consultants on many cases, both domestic and international, concerning numerous types of building and civil engineering projects. Experience includes:

(a) International

Acting on an UNCITRAL arbitration concerning major motorway PPP construction project.

Acting on a dispute between Tanzanian governmental agency and Kenyan Consulting Engineers arising out of terminated contract for port expansion works. Claims in excess of US$1 billion, arbitrated in London (with successive appeals to High Court of Tanzania), involving issues as to the identity and capacity of the contracting parties, lawfulness of termination, currency of award and the effects of currency devaluation.

Acting on an on-going Hong Kong arbitration under auspices of HKIAC concerning time and financial claims arising from social housing project. Admitted to Hong Kong Bar for successful defence of application for leave to appeal.

Acted for contractors in a HK$100 million+ dispute under design and build package for the construction of runways at Hong Kong International Airport on reclaimed land at Chek Lap Kok. Claims successfully prosecuted before DRB."

Acting on an international dispute between Thai steel producers and US suppliers of specialist plant. Claims in excess of £10 million arbitrated in London concerning contract formation and interpretation of terms purporting to limit liability for breach.

(b) Domestic

Acting on an on-going dispute between main contractors and sub-contractors in respect of the New Wembley National Stadium currently being litigated in High Court, London.

Acting as Legal Assessor to the Dispute Board in respect of PFI hospital project.

Acting on a High Court dispute concerning the responsibility for and consequences of the failed encapsulation of asbestos in a major shopping centre. Claims involved the scope of the contractor's design obligation, causation and remoteness of damage. The technical issues were in relation to the cause of asbestos migration and necessary decontamination works.

Acting on a High Court dispute arising out of the contract for the regeneration of a principal regional railway terminus and failure of glazing works. The claims, against construction professionals, involved issues as to the incorporation of arbitration agreement and the effect of a previous settlement agreement. The technical issues concerned the mechanism of failure and cause of water ingress.

Acting on a dispute as to the tendering and procurement procedure for PFI hospital project.

Advising on the interpretation of legislation effecting the reorganisation of the National Health Service on existing construction contracts.
Yorkshire Regional HA v Fairclough Building [1996] 78 BLR 59

Acting on an appeal from arbitrator's award concerning the conclusivity and effect of the absence of final certification.
Matthew Hall Ortech v Tarmac - [1998] 87 BLR 96 (TCC).

Acting on a dispute as to the incorporation of an arbitration agreement where a JCT contract remained unexecuted.
Hackwood v Areen Design [2005] EWHC 2322 (TCC)

Acting on a dispute as to the proper construction of a contract and whether a reference to adjudication is a pre-condition to the right to arbitrate or litigate.
Impressa Castelli SA v Cola Holdings Ltd [2002] All ER (D) 78.

Advising on the enforcement of an adjudication award made in breach of natural justice. Balfour Beatty v London Borough of Lambeth [2002] BLR 288 (TCC).

Acting on a dispute concerning limitation of action, breach of collateral contract, misrepresentation and date of accrual of cause of action.
Proctor & Gamble v Carrier Holdings Ltd [2003] All ER (D) 211

Energy

He has wide experience acting for contractors on domestic and international disputes arising out of the design and construction of, among others, power plants and waste water treatment plants. Examples of his work include:

Acting on a dispute between the Government of Gibraltar and French providers of a waste-to-energy plant. The claims were arbitrated in London and Gibraltar involving issues as to the contractual formula for power purchase, remuneration, lawfulness of termination and the recoverability/remoteness of damage. Technical issues concerned the calorific value of waste and the ability of the plant as designed to produce the specified energy output. [Gibraltar]

Acting on a dispute in respect of a contract for the refurbishment and conversion of a power station to a waste-to-energy plant. The claims were adjudicated in London, involving issues as to the achievement of contract milestones triggering entitlement to payment and the satisfaction of contractual performance criteria. Technical issues concerned the proper assessment of acceptance test data and reasons for apparent non-compliance with specification.

Advising on the enforcement of an adjudicator's award in respect of construction works at a power station
ABB Power v Norwest Holst (2000) 77 CONLR 20

Transport

Andrew has represented, among others, governments and contractors on disputes arising from road and rail projects and infrastructures. His experience includes:

Advising on an ICE Conciliation between Employer and Contractors concerning major infrastructure works commissioned by Isle of Man Government.

Acting on behalf of a design and build contractor against construction professionals and sub-contractors arising out of the re-laying of section of main line railway. Claims involved issues of professional (and Solicitors') negligence and the exclusion/limitation of liability.

Acting on a High Court dispute arising out of a contract for signalling and engineering work on commuter railway line in South East. Claims involved issues as to the incorporation of terms and the financial consequences of engineering work extending beyond permitted windows.

Advising on a dispute arising out of a contract for motorway repair. The claim was arbitrated in London and involved issues as to the true meaning and effect of the contractual remuneration formula in respect of varied and additional work.

IT and Telecommunications

Andrew has excellent experience in the IT and Telecommunications' field acting for suppliers, manufacturers and contractors in relation to telecommunication systems and computer software systems. Examples of his recent work include:

Acting on an international dispute, litigated in the High Court, between a software Systems Integrator and the provider of third generation mobile communications network. The claim involved disputes as to the lawfulness of contractual termination, repudiatory breach and the availability of restitutionary remedies. The technical issues concerned the quality of delivered products and the cause of delayed achievement of contract milestones.

Acting on a major dispute concerning the provision of software to enable the computerisation of the collection of the BBC license fee. The claims, mediated in London, involved disputes as to the nature and scope of the supplier's contractual obligation, the lawfulness of termination and repudiatory breach. The technical issues concerned the ability of the delivered products to meet the performance specification and the employer's responsibility for providing sufficient information in respect of business processes etc.

Acting on a multi-million pound dispute in respect of the provision and integration of safety-critical software in connection with the London Underground PPP project. Legal issues concerned the scope of the parties' contractual obligations, repudiatory breach and the availability of restitutionary remedies. Technical issues involve the quality of delivered products and the reasons for departures from the contractual performance requirements.

Professional Negligence

He has a great deal of experience in the professional negligence field, acting for claimants, defendants and their indemnity insurers in relation to claims brought against a wide range of professionals to include solicitors, architects and construction professionals. Examples include:

Acting on an on-going dispute between English university and professional advisors concerning suitability issues and cost overruns in respect of design of major building project.

Acting on behalf of design and build contractor against construction professionals and sub-contractors arising out of the re-laying of section of main line railway. Claims involved issues of professional (and Solicitors') negligence and the exclusion/limitation of liability.

Acting against a firm of architects on a claim arising out of the design of prestigious HQ building and architect's role in settlement of contractor's claims. The claim, litigated in High Court and resolved through mediation, involved issues as to the contribution played by other professionals and the employer in events giving rise to contractor's claims.

Shipbuilding/ Ship Conversion

He gained significant experience as a Junior and then Leading Counsel over several years in massive international dispute arising out of a contract for the conversion of a bulk carrier into a dynamically positioned pipe-laying vessel. The claims, arbitrated in London, raised numerous issues of contractual interpretation, fraud, proof and quantification of loss, and currency of award (with successive appeals to the High Court).

Sembawang Corporation v Pacific Ocean Shipbuilding 2004 EWHC 2743 (Comm); [2004] App. LR 11.

Recently instructed by foreign shipyard to advise on contractual termination of ship building contract and institution of arbitration proceedings under London arbitration clause.

Commercial

(a) International Investment Disputes

Recently instructed on behalf of foreign investor arbitrating claims pursuant to bilateral investment treaty (BIT) proceeding before the International Centre for the Settlement of Investment Disputes (ICSID) .

(b) Performance Bonds

He has wide experience in drafting and advising upon the correct interpretation of conditional and on-demand bonds. He has acted for banks, bondsmen and beneficiaries in numerous matters, including actions alleging fraud.
TTI Telecom International v Huchison 3G [2003] 1 All ER (Comm) 914

Recently instructed by foreign party with regard to potential action to restrain call on bond subject to English law.

(c) Insurance

He has significant experience advising on the correct interpretation and effect of insurance policies and upon the provisions in standard form construction and engineering contracts and bespoke commercial contracts.
Layher v Lowe [2000] Lloyds Rep 210 - repudiation of liability; whether notice of claim given timeously

Reported cases

Yorkshire Regional HA v Fairclough Building [1996] 78 BLR 59
Matthew Hall Ortech v Tarmac - [1998] 87 BLR 96 (TCC).
Hackwood v Areen Design [2005] EWHC 2322 (TCC)
Impressa Castelli SA v Cola Holdings Ltd [2002] All ER (D) 78.
ABB Power v Norwest Holst (2000) 77 CONLR 20
Balfour Beatty v London Borough of Lambeth [2002] BLR 288 (TCC).
Proctor & Gamble v Carrier Holdings Ltd [2003] All ER (D) 211
Sembawang Corporation v Pacific Ocean Shipbuilding 2004 EWHC 2743 (Comm); [2004] App. LR 11.
Layher v Lowe [2000] Lloyds Rep 210
TTI Telecom International v Huchison 3G [2003] 1 All ER (Comm) 914

Recommendations

Andrew is listed over many years first as a leading junior and then as a leading silk by The Legal 500 (Construction, Commercial Arbitration and Information Technology), Chambers Guide to the UK Legal Profession (Construction and Information Technology) and Chambers Guide to Asia (Arbitration) and Chambers Global Guide (Construction).

'a bright and imaginative litigator with a wicked sense of humour' Chambers and Partners UK 2008, Chambers Global 2008 Chambers Asia 2008, Construction

'gets his points across stunningly well in court...a formidable leader with wonderful powers of analysis' Chambers and Partner 2008 Information Technology

'Andrew Goddard is sensible and commercial' Legal 500 2006/7 Construction

'Clients relish his commitment to getting everything in apple pie order' Chambers and Partners 2007 Construction

'Clients find him approachable and he will listen to them' Chambers and Partners 2005 Construction