Frances is an experienced court advocate acting in construction, engineering and infrastructure disputes. Frances acts for clients on disputes under the main standard form contracts including JCT, NEC, FIDIC, IChemE, BASIC and ICE standard forms. She has experience in delay and loss and expense claims, final account and defects disputes, including:
- Acting for an employer in a claim in the Technology and Construction Court (TCC) concerning the meaning of a contract for the supply, installation, testing, commissioning, handover and maintenance of a High Pressure Water Mist System.
- Acting in a final account dispute under a design and build contract for a developer of a shopping centre including claims by the contractor relating to the acoustic specification and design for a cinema.
- Acting for a contractor in relation to a claim about the design and installation of a drainage system in a development.
- Acting for a subcontractor in a claim for rectification of a subcontract ordered on the grounds of unilateral mistake: Traditional Structures Limited v HW Construction Limited  EWHC 1530 (TCC).
- Acting for a builder in a claim that the building contract was determined by frustration: Atwal v Rochester  EWHC 2338 (TCC).
- Acting for a local authority in connection with compensation events claimed by the contractor arising from the construction of a major public building project.
- Appearing at trial for a contractor where the court found deliberate concealment of building regulation breaches for the purposes of limitation.
- Acting for a subcontractor’s insurer in a multi-party action following the collapse of guttering on a large warehouse.
- Advising a football club on its claim in respect of design and workmanship problems at its new football pitches.
- Acting for a contractor’s insurer facing claims for damage to an adjacent property during the demolition phase of the development. The claim included allegations of nuisance, negligence, breach of contract, breach of statutory duties, trespass, misrepresentation, directors’ personal liability and deceit.
- Advising in respect of a contract for mechanical and electrical engineering services provided as part of a golf and ski resort development in Bulgaria.
Frances’ international and national arbitration experience includes:
- A claim about an offshore and onshore development, with disputes including structural engineering, design, mechanical and engineering, groundwork and piling.
- A claim about the design and construction of a multi-purpose development, including time and financial claims, tenant and business-related losses involving civil and structural engineering cladding, glazing and mechanical and engineering claims.
- Claims arising from defective design and workmanship in the refurbishment of a mansion.
Frances has been instructed in a number of adjudications, and her experience includes strategic and procedural advice, drafting, advocacy at meetings with adjudicators and enforcement advice and proceedings. Topics covered include:
- Multi-million pound claims for extensions of time, loss and expense, extensions of time and a disputed variations account.
- Final account disputes.
- Declaratory adjudications relating to the date of practical completion and rights to extensions of time and the effect and validity of notices.