“Who gets the money?” when a main contractor goes into liquidation – Nicholas Baatz QC for Building Magazine
Articles
When a main contractor goes bust, can the courts assume that the employer has set up a retention fund for […]
Articles
Nicholas Baatz QC
Silk 1998
“a first-class silk who delivers thoughtful and strategically relevant advice”
Chambers and Partners
Nicholas Baatz QC specialises in domestic and international litigation and arbitration in the construction, engineering and infrastructure, IT and telecommunications, energy and natural resources, transport, and professional negligence sectors.
Throughout his career he has handled many high profile, high value, technically complex and difficult matters representing a huge variety of suppliers, manufacturers, contractors, employers and their professional advisers who commend him for his “great client manner”. Described by clients as “a first-class silk who delivers thoughtful and strategically relevant advice”.
Internationally he has acted in numerous arbitrations under various rules in relation to complex disputes arising out of projects all over the world and acted for many overseas clients, including German, Italian, French, Swiss, US, Chinese, Kenyan, Japanese and multinational Joint Ventures. In addition to acting as counsel, Nicholas Baatz acts as an arbitrator, adjudicator and mediator.
He has been recognised for many years by Chambers and Partners and The Legal 500, as a leader in construction, information technology and professional negligence. He is also a contributing editor of Hudson’s Building and Engineering Contracts, 12th edition and is a regular writer and speaker on legal issues affecting his specialist sectors.
CONSTRUCTION, ENGINEERING AND INFRASTRACTURE
“A clear thinker and communicator with exceptional knowledge of the law.”
Construction, Legal 500 2016
“An excellent black-letter lawyer who is very happy wading through complex documents” “As with all good cross-examiners he catches people in unguarded moments”
Construction, Chambers and Partners 2016
Nicholas Baatz QC represents parties in disputes concerning commercial, institutional, sports and special applications buildings arising out of all the major standard forms. He has particular experience of delay analysis methodologies and the analysis of causation.
Recent work includes appearing in the Technology & Construction Court in a dispute about structural works, Accolade Wines Ltd v GJ3 Ltd and GJ4 Ltd and others; acting in an extended dispute resolution process involving adjudication, tripartite arbitration and litigation, in connection with the construction of a substantial commercial development; numerous railway construction and maintenance disputes; failures in the Clyde Arc bridge. He has recently successfully mediated a substantial dispute about extensions of time under a JCT contract.
INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS
“An excellent silk.”
IT and Telecoms, Legal 500 2016
“He is very, very thorough and just gets things done”
Information Technology, Chambers and Partners 2016
He acts for suppliers, manufacturers and contractors in relation to software design and implementation; hardware and telecommunication systems. He has recently been acting in a very long-running dispute arising out of the largest civil IT implementation so far undertaken.
He acted for Atos in a claim against Avis in relation to a pan European software implementation for Avis’ car hire business.
ENERGY, NATURAL RESOURCES AND UTILITIES
He acts for contractors on domestic and international disputes arising out of utilities, oil and gas exploration and exploitation and the design and construction of power plants.
He acted for a Joint Venture concerning the supply and installation of steel work as part of a Liquefied Natural Gas unloading and storage installation.
He has been previously instructed on disputes arising out of one of the largest natural gas liquefaction plants in the world and also for National Grid Gas in a case concerning the construction of a gas pipeline for the distribution of natural gas in the UK. He has recently appeared in the Court of Appeal in the mining subsidence case concerning Wentworth Woodhouse.
INTERNATIONAL ARBITRATION
Nicholas has appeared and advised in various international arbitrations involving ICC, LCIA and other international and foreign dispute resolution rules and procedures. These disputes have involved various subject matters from oil pipelines and ship loading facilities in North Africa to the design of a Vitamin C Production Plant in India, alleged defects in a communications and control installation for a Mass Transit Railway, refurbishment of an oil refinery in the Caribbean and alleged defects in a power station in Continental Europe.
PROFESSIONAL NEGLIGENCE
“Demonstrates particular strengths in cases involving large-scale engineering and infrastructure projects.”
Professional Negligence, Chambers and Partners 2016
“Has a fantastic light touch, and is excellent with clients.”
Professional Negligence, Legal 500 2016
Nicholas has wide experience in the professional negligence field. Recent work includes acting for employers concerning professional negligence of architects and engineers arising from the construction of an iconic commercial development.
GENERAL COMMERCIAL
He has acted in numerous disputes concerned with general commercial issues such as the interpretation of commercial contracts, bonds, guarantees, collateral warranties and assignments.
QUALIFICATIONS
Chartered Arbitrator, Accredited Mediator, M.A. (Jurisprudence) and Bachelor of Civil Law, Oxford University, Fellow of the Society for Advanced Legal Studies London.