Summary

Robert Clay's experience and practice in is in international and domestic arbitration and litigation. He has had extensive involvement in complex cases. In most of his cases technical issues and expert evidence are critical. The range of industries and disputes covered is extensive but most cases involve large capital projects, for example : onshore and offshore oil and gas installations, power stations, shipbuilding, road building, piling, flood defence, retail, residential and office developments, all types of construction industry disputes, construction adjudications, large software projects.

Recent and Current Cases in Practice Areas:

International Commercial Arbitration

Representing the operating company in a London arbitration relating to defects in an oil platform in the Persian Gulf, and the proper price payable for the platform under a contract for design and construction.

Representing Korean contractors in a London based arbitration relating to sums payable to the subcontractor for extensive river improvement works in Malaysia.

Representing the owners of specialist vessel in an ICC arbitration against a Far Eastern Shipyard

Commercial Litigation

Representing the owners in Technology and Construction Court proceedings arising out of a contract to install oil and gas facilities to a purpose built hull.

Advising a computing firm in proceedings arising out of a joint venture to computerise a revenue collecting system and database covering households throughout the country.

Paddington Churches Housing Association v Technical and General Insurance Co Ltd. [1999] Building Law Reports 244
Representing a Housing Association calling a performance bond.

Harmon CFEM Facades (UK) Ltd v The Corporate Officer of the House of Commons (no 2) (2000) 72 ConLR 21
Acting for the House of Commons : damages flowing from breach of EEC public procurement provisions.

Construction

Representing employers on loss and expense claim on a contract for central London offices.

Representing large house builders in litigation and arbitration for alleged defects to a series of housing authority housing units.

Representing a local authority in disputes as to the proper sums payable under housing maintenance "Term" contracts incorporating the JCT standard form.

Austin Hall v Buckland [2001] BLR 272
Representing the contractor in High Court proceedings which decided whether Adjudication under the Housing Grants (Construction) and Regeneration Act was incompatible with the Human Rights Act.

Professional Negligence

Representing developers of a city centre site in the Far East in arbitration proceedings against the consultant engineers for allegedly poor advice and supervision leading to widespread piling defects, delay to the superstructure contract, and financing charges.

Representing foundation engineers in High Court proceedings alleging negligent site investigation and foundation design.

Representing engineers in an arbitration arising out of the allegedly inadequate design of flood defence works.

Interests:

Sailing. Rowed in the winning Oxford Boat Race crews of 1982 and 1984.

Panel of Adjudicators - TECBAR
Four day Mediation Training with Stitt Feld Handy Group

Publishing

1994 to 1998 Editor Building Law Reports

1998 to 2002 Editor Technology and Construction Law Reports
1992 Contributor to Halsbury's Laws of England, Fourth Edition Reissue: BUILDING CONTRACTORS, ARCHITECTS, ENGINEERS AND SURVEYORS. PROCUREMENT.