Practice

Nicholas specialises in commercial litigation and arbitration with a particular emphasis on construction, engineering, energy and utilities, technology and related disputes.

He has broad experience of all methods of dispute resolution with expertise in domestic and international arbitration, mediation and adjudication.

Nicholas is recommended in legal directories as a leading Junior in the fields of construction and professional negligence.

Construction, Engineering and Infrastructure

Nicholas has represented a large number of employers, contractors, sub-contractors and consultants on many cases, both domestic and international, concerning numerous types of building and civil engineering projects. On the pure construction side he has acted on a wide range of disputes including those relating to defects, measurement and valuation, delay, procurement and contract administration. His expertise on engineering matters extends to mechanical and electrical, structural, civil and geotechnical cases. Recent experience includes acting for:

o a Central European government agency in an ICC arbitration relating to delay and disruption in the construction of a motorway;

o A European joint venture in an arbitration against a European government agency relating to claims in respect of a major infrastructure project;

o the main contractor in a TCC claim concerning the design and construction of a major residential development in central London;

o the main contractor in a claim for delay and disruption in the construction of a Ministry of Defence facility;

o M&E subcontractors in a claim relating works carried out in a private hospital;

o a design and build contractor in a claim relating to the construction of a sports centre and associated leisure facilities;

o employers in respect of claims arising out the construction of university halls of residence.

o the employer in a TCC claim concerning the installation of an air conditioning system in an underground storage facility;

o a sub-contractor in relation to disputes relating to the design and supply of trains for use on an underground railway;

o an underground railway undertaking in relation to safety measures required for engineering works over and adjacent to the underground railway.

Professional Negligence

He acts for claimants and defendants (as well as their professional indemnity insurers) in respect of claims brought against a wide range of construction professional advisers including architects, engineers and surveyors. Recent experience includes acting for:

o engineers in respect of disputes relating to the design of Wembley Stadium.

o the employer in a TCC claim concerning engineers’ advice in relation to dredging works;

o the architect in a claim in the TCC concerning alleged over-design of a block of flats;

o engineers in an expert hearing of the Court of Abu Dhabi for a claim concerning the design and supervision of a GRP sewage pipeline project;

o the employer in a TCC claim concerning an architect’s administration and certification of works under a JCT contract;

o the employer in a claim in the TCC and the Court of Appeal in relation to the design of a paper recycling facility;

o engineers in an arbitration relating to the design and construction of a hotel and residential complex in Dubai;

o the landowners in a claim against surveyors concerning the survey and valuation of a large country estate.

Energy, Natural Resources and Utilities

Nicholas has wide experience acting for contractors and suppliers in litigation arising out of the design and construction of power plants, pipelines, water and sewage treatment facilities. Examples of his recent work include acting for:

o the main contractor in an arbitration concerning the design and supply of gas turbines for use in a combined cycle power plant;

o design and build contractor in an arbitration concerning the design of generators installed in a UK power plant;

o a gas supplier in relation to claims relating to defects and damage to underground pipelines;

o engineers in an arbitration concerning the design of a sewage treatment plant;

o the main contractor in an arbitration relating to a water treatment facility and its ability to comply with statutory requirements.

IT and Telecommunications

He has experience in the IT and Telecommunications’ field acting for suppliers, contractors and users in relation to telecommunication systems and computer software and hardware systems. Examples of his recent work include acting for:

o the main contractor in an arbitration concerning the design and installation of audio and visual equipment for railways;

o a UK publisher in relation to a claim over a defective accounting software package;

o a financial futures trader in relation to a claim for defective trading software;

o city solicitors in relation to a claim against the supplier for defective supply and installation of telecommunications equipment.

Reported cases

Brookfield Construction (UK) Ltd v Mott Macdonald [2010] EWHC 659 (TCC)
Multiplex Construction (UK) Ltd v Mott Macdonald [2007] EWHC 20 (TCC), 11 Con LR 63
R J Knapman v Richards [2006] EWHC 2518 (TCC)
Rossco Civil Engineering Limited v Dwr Cymru Cyfryngedic [2004] Adj. LR 07/15
Specialist Ceiling Services Northern Limited v ZVI Construction (UK) Limited [2004] BLR 403
Mostcash plc v Fluor Limited [2002] EWCA Civ 975, [2002] BLR 111
Ferson Contractors Limited v Levolux AT Limited [2002] EWCA Civ 11
The Bay Resort Hotel and Resort v Cavalier Construction Company [2001] UKPC 34, APP LR 07/16
Discain Project Services Limited v Opecprime Developments Limited [2001] BLR 285

Qualifications and Appointments

Nicholas is an Accredited Adjudicator with the Chartered Institute of Arbitrators and Tecbar and has a good working knowledge of French and Spanish.

1996 - 1997 Inns of Court School of Law
1993 – 1996 University of Bristol: LLB (Hons.)

Other Professional Interests

Nicholas is a member of Combar, TECBAR, the Chartered Institute of Arbitrators and The Society of Construction Law. He is an editor of Hudson’s Building and Engineering Contracts.

Please contact our senior clerks, Simon Slattery and Justin Wilson, for further information.


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