Call date: 1988

Silk: 2006

Practice

Stephanie specialises in disputes, involving all aspects of contract law, tort law and law relating to procurement, arising in the construction and engineering, energy and utilities, transport and professional negligence sectors. Throughout her career she has handled many high profile, high value, complex matters in the UK and internationally.

She has acted for and against a wide variety of employers and contractors in disputes as to the proper construction of contracts as well as defects and loss and expense claims and has frequently advised Central and local Government on contract and procurement issues. In addition, Stephanie has also acted for and against construction professionals and solicitors in claims concerning professional negligence, particularly that of engineers.

She is experienced in arbitration (including ICC arbitrations), as an advocate and an arbitrator, and litigation at first instance (including the commercial court) and in the appellate Courts. She has extensive experience of the law and practice relating to adjudication (also as an adjudicator) including the question of enforceability of the award/jurisdictional issues [Joinery Plus Ltd v. Laing BLR [2003] 184].

Stephanie has been recognised for several years by the legal directories, Chambers and Partners Guide to the Legal Profession and The Legal 500, as a leader, first as a junior and more recently as a Silk.

Construction and Engineering

Stephanie has been involved in cases concerning all aspects of building construction and civil engineering projects, including road and bridge building, representing contractors, employers and governments all over the world. She is fully conversant with the major standard form contracts used in the construction industry, and has extensive experience of the issues arising in construction projects of all types including party wall disputes, easements and interference with rights of support.

Examples of her work include:

Domestic

Acting for an owner/developer in its claim against an engineer for failure to achieve the required acoustic performance in the development of new apartments/houses within an existing historic courtyard complex (3 Cups Yard: Old Schools, Holborn).

Representing, in the High Court, the designer of an award winning light industrial estate comprising block work units clad in troughed sheet aluminium with green glass reinforced plastic service modules attached. The claim against the designer was that the glass reinforced service modules were negligently designed such that they had aged too rapidly and were also impractical. Castle Park, Nottingham

Representing the Contractor at arbitration concerning its claim (under ICE clause 12) for significant additional monies arising out of the construction of an immersed tube tunnel with cut and cover approaches to the tunnel. The project also involved the construction of roads leading into and through the tunnel. The Conwy Crossing, Conwy Estuary, Wales

Acting for the Government on numerous contracts (all arbitrations) including:-

The total refurbishment of 6 barrack blocks with provision for phased Completion; (R.A.F. Upper Heyford)

A major road and bridge construction upon ICE terms - Clause 12 Claim; (Dinorwic By-Pass and A5 Glyn Bends)

A major road construction upon ICE terms - including Clause 12 claim; (A12 Gorleston Relief Road)

Advising the former British Coal Board as to its rights and liabilities under a contract giving it 10 year possession of a site.

Advising the MOD in claims for professional negligence arising out of the design of certain types of military installations

Advising the MOD in relation to various matters including significant claims for professional negligence against a design and build contractor for defects in the construction and mechancial and electrical engineering design at a property constructed for the MOD

Advising NHS trusts as to the proper construction of PFI agreements relating to the design and construction of Hospitals

International

Acting on a dispute concerning complex liquidated damages clause and defects in the construction of the fully computer-automated gantry cranes, the first of their kind in the world; [Hong Kong]

Acting on a dispute concerning the adequacy of the concrete used in the construction of the docks and Port Rashid; [Dubai]

Representing an Italian company at arbitration in its claim under its contract with an American engineering firm to recover additional monies for the installation of a pipeline on the Ghanaian coast by a method known as "bottom pulling"; The Engineer had made an error in its calculations making it impossible for the contractor to carry out its obligations; [Ghana]

Advising the Contractor responsible for a multimillion euro refurbishment of a flagship hotel in Kiev. The project was let under 4 separate contracts subject to 1 overarching contract. Difficulties arose and the project became delayed. The principle issues were whether time had been put at large, the effect of a suspension of work by the Contractor in accordance with the contract terms, and the Employer's termination (and subsequent purported re-instatement) of the contract. There were also substantial claims against the Contractor for defects in the design of the structural and mechanical and electrical works and failure to achieve the acoustic specification; [Kiev]

Professional Negligence

She 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 construction industry professionals and solicitors. Case examples include:

Acting for Ove Arup & Partners concerning the reconstruction of Grade II listed building involving retention of much of Edwardian Facade and extensive new construction. The principal issue was whether the engineer had been professionally negligent in certain calculations; Whiteleys Shopping Centre and Cinema Complex, Bayswater, London

Representing a local authority at arbitration in its claim against the architect for damages for breach of contract (including a claim for a very significant overspend) relating to the redevelopment of a cultural quarter, including regency theatre within the city;

Representing the Local Authority in the High Court in its claim for damages against the contractor which had, in breach of contract substituted the specified welsh slates for a cheaper Spanish equivalent at Merseyside Docks. The Local Authority succeeded in recovering substantial damages.

Energy and Utilities

She has experience of both domestic and international disputes regarding the design and construction of oil rigs, on and offshore pipe-laying, off-shore wind farms and waste to energy plants. Case examples include:

Representing in the Commercial Court a utility company (a licensee under the Water Act 1991) and one of its sister engineering companies in claims brought against them by a Contractor who had been disappointed in the procurement process (governed by the Utilities Regulations 1996) applied by the Utility company for its list of qualified contractors competent to carry out the specialised mains/pipe renewal within a specified period;

Representing the operator of the vessel concerning High Court proceedings arising out of the conversion of a vessel, Anasuria, into a floating production unit in North Sea. The case involved several contractual issues including exclusion clauses, variations and a contractor's delay claim;

Representing the Contractor in its claim in the High Court by a contractor for costs arising from the Design & Construction of Floating Production Units (conversion of a former vessel to an oil rig) in the North Sea. The issues concerned whether it was defective and the significance of defects;

Representing (in High Court Proceedings) two developers involved in the construction of an off-shore wind farm near Norfolk. She successfully defended both companies on the grounds that they had not become parties to a Joint Venture Agreement so as to become jointly and severally liable with others;

Advising a waste disposal company regarding a defective boiler system designed to incinerate hospital waste and thereby generate a stipulated level of steam to drive a turbine.

Advising and assisting a power generating company at a CEDR mediation against a major electrical power supply company arising out of an alleged significant overpayment by the power supply company of the power generating company

Transport

Stephanie has extensive experience advising governments and contractors on issues arising from the design and construction of rail and mass transit projects and infrastructures. This includes acting on disputes involving a variety of communication and signalling systems on over ground and underground rail networks. She has acted on several high profile matters such as the Ladbroke Grove Rail Crash Public Inquiry. Examples of her work include:

Advising an agency of the Government of Trinidad as to various aspects of the procurement process of a 15-20million US dollar project for the construction of the Trinidad Rapid Rail Transit to allow mass rail transit across Trinidad;

Acting for Adtranz (manufacturers of both trains involved in the Ladbroke Grove crash) and Adtranz Signals (manufacturer and installer of the signal in question passed at danger). Both companies were fully exonerated by the Inquiry;

Representing a major contractor in its claims concerning railway working practices and communications systems involving the Tyne and Wear Metro extension;

Advising a major contractor regarding the terms of its contracts with other members of a consortium tendering on the proposed London Underground maintenance restructuring (prior to the successful application for judicial review);

Advising a major contractor (acting as sub-contractor) specialising in the design and supply of signalling and other equipment for use on London Underground trains in relation to an arbitration against the main contractor.

Other Commercial

In addition to the specialised areas above, Stephanie is also frequently instructed on general commercial disputes arising on varied issues (such as bonds and warranties and shipbuilding). She also advises Central Government on matters relating to contract procurement for projects outside the construction sector. Examples include:

Advising Cunard, the operator of QE2 concerning proceedings arising out of the total refurbishment of Queen Elizabeth II and replacement of propellers carried out by German contractors;

Advising a major international Bank which was constructing new premises in Hong Kong concerning whether Architect's certificate effective to trigger bond given by contractor's parent company on a proper construction of the certificate and the bond;

Advising the Ministry of Defence regarding the procurement of the design supply and development of the man-portable remotely controlled land vehicle for use in war zones;

Advising the Government on the acoustics work on the Aldermaston project.

Reported Cases

Joinery Plus Ltd v. Laing BLR [2003] 184].

Recommendations

She has been recommended by the Legal 500 and Chambers and Partners for several years as a leading junior in construction and now as a leading silk in both directories. Comments include:

"Right at the top in terms of junior silks" Chambers and Partners 2008 Construction

"uniformly satisfying and well informed on all aspects of building and civil engineering projects..." Chambers and Partners 2007 Construction

"very good at negotiating the technical intricacies of construction disputes" Chambers and Partners 2006 Construction

"Stephanie Barwise is the first choice for many of our sources. She is described as "highly Commercial - she doesn't take the bad points" as well as "practical and good on her feet" Chambers and Partners 2005 Construction

"Stephanie Barwise is good to have on your side" Legal 500 2004/5 Construction