Andrew Goddard QC

“He is strategically excellent.” Construction, Chambers and Partners

Andrew 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.

INTERNATIONAL

• Acting on a Hong Kong arbitration in respect of HK$ multi-million claims arising out of a project for one of the world’s longest cable-stayed highway bridges. Andrew was admitted to the Hong Kong Bar for the successful defence of applications to appeal award in Court of Appeal and Court of Final Appeal, Maeda Corporation v Govt. of Hong Kong SAR [2014] BLR 22.
• Acting on major highways dispute for the construction of new trunk road in Hong Kong.
• Acting in a Hong Kong arbitration regarding disputes between the main contractor and employer in the redevelopment of a Hong Kong mixed-use residential and commercial development and related infrastructure.
• Advising on a Hong Kong arbitration under auspices of HKIAC concerning time and financial claims in excess of HK$250 million arising from a social housing project. Andrew was admitted to the Hong Kong Bar for successful defence of application for leave to appeal.
• Acting on an UNCITRAL arbitration of €multi-million claims arising out of major PPP motorway construction project.
• Acting on an ICC arbitration arising out of termination of design and supervision contract for 35 km motorway between EU accession state and European consortium.
• Acting for the Government of Gibraltar in London High Court action for termination of 600+ residential dwellings contract.
• Appointed as arbitrator for ICC arbitration of dispute for design and supply of bespoke canalisation plant.
• Acting on LCIA arbitration between South African contractors and West African Government for construction of luxury housing development.
• Advising on a dispute between Tanzanian Governmental agency and Kenyan consulting engineers arising out of terminated contract for port expansion works. Claims were 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.

DOMESTIC

• Appointed as adjudicator in two major PFI highways rehabilitation and maintenance contracts.
• Acting in a major PFI contact for construction of hospital facilities and provision of non-clinical services.
• Acting on a dispute between main contractors and sub-contractors in respect of the Wembley National Stadium, litigated in High Court, London.
• Appointed legal assessor to the Dispute Board in respect of PFI hospital project.
• Advising in respect of PPP contract for provision of hospital services.
• Advising on dispute as to the tendering and procurement procedure for PFI hospital project.
• Acting on a High Court dispute concerning the contractor’s design responsibility for, and consequences of, the failed encapsulation of asbestos in a major shopping centre.
• Acting on a High Court dispute arising out of a contract for the regeneration of a principal regional railway terminus and failure of glazing works.

Andrew 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 in US$100 million plus HKIAC arbitration arising from termination of turnkey contract for design and supply of photovoltaic solar cell production lines.
• Appointed as adjudicator in respect of FIDIC Silver Book contract for LNG terminal.
• 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.
• 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.

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

• Acting for employer in sub-contract dispute arbitrated in Hong Kong concerning railway extension electrical works. Claims involved fraud and the manufacture of evidence.
• Advising on an ICE Conciliation between employer and contractors concerning major infrastructure works commissioned by Isle of Man Government.
• Appointed as adjudicator in two major PFI highways rehabilitation and maintenance contracts.
• 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 major highways and bridge construction projects in Hong Kong.
• 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 renumeration formula in respect of varied and additional work.
• Appointed as party nominated arbitrator (ICC, Vietnam seat) in respect of defects from the construction of a highway in Southeast Asia.

Andrew has wide experience in the IT and Telecommunications fields acting for suppliers, manufacturers and contractors in relation to telecommunication systems and computer software systems. He has recently been appointed as arbitrator in an ICC arbitration concerning telecommunications technology. Examples of his recent work:

• Acting on an international dispute, litigated in the High Court, between 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.
• Appointed as arbitrator for ICC arbitration of dispute between Far East state agency and European software house for development of multi-functionality communication platforms.
• Appointed as sole arbitrator in respect of IT dispute between HKSAR department and systems integrator for provision of, inter alia, centralised database and technical infrastructure.
• Advising on a mediation concerning the provision of software to enable the computerisation of the collection of the BBC licence fee. The claims 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 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.
• Advising on proceedings in the High Court for injunctive relief against software house for breach of exclusive distribution agreement.
• Advising a government body in respect of procurement of internet services.

In the professional negligence field Andrew has acted for claimants, defendants and their indemnity insurers in relation to claims brought against a wide range of professionals including solicitors, architects and construction professionals. Examples include:

• Acting on a dispute between an 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 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.
• Acting on an ICC arbitration arising from termination of contract for design of motorway extension.

Andrew gained significant experience as a junior, and then as leading counsel, over several years in a 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.

Andrew has recently instructed by a foreign shipyard to advise on issues of contractual interpretation, including termination provisions of marine contract, and institution of arbitration proceedings under LMAA arbitration clause.

INTERNATIONAL INVESTMENT DISPUTES

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

PERFORMANCE BONDS

Andrew 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. Recent experience includes:

• Instructed by foreign party with regard to potential action to restrain call on bond subject to English law.
• Advising on the enforceability of performance bond issued in favour of Korean ship owners and assigned under instrument subject to English law.

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. He recently appeared in the Privy Council on an appeal from Trinidad and Tobago concerning the extent to which unnamed drivers were covered under policies of motor insurance. Presidential Insurance Company v Resha St Hill [2012] UKPC 33. [2013] 3 LRC 7.

Andrew recently acted for a state-owned enterprise in a long-running public inquiry into public procurement policies and practices in the construction sector in Trinidad and Tobago. The inquiry resulted in several applications to the High Court for Judicial Review of the proceedings including a landmark decision on the law pertaining to privilege, and led to significant changes in practice being recommended by the Commission of Enquiry: Urban Development Corporation of Trinidad and Tobago v Uff et al TT[2009] HC 100.