Nicholas Maciolek
Call 2013
"Nicholas is extremely bright and personable. His knowledge is well beyond his years. Excellent drafting, advice and handling of clients."
The Legal 500
Nicholas is an experienced advocate in both litigation and arbitration, both as sole counsel and as a junior. Nicholas’ practice includes disputes relating to construction, engineering and infrastructure, energy and utilities, information technology, and professional negligence in both court and arbitration.
He has recently been involved in a series of IT disputes involving complex, long-term projects ending in termination. In addition to these areas, he also acts in respect of a range of other general commercial disputes, with a particular focus on insurance-related matters. Nicholas has been ranked in the Legal 500 listings since 2021, and is currently tier 4/band 4 for construction disputes in both the Legal 500 and Chambers and Partners rankings, with clients commenting that he is “a very bright junior, he has a very good manner when being challenged – listens and reflects, but also has firm resolve” and “he is incredibly bright and his drafting is very clear and persuasive. I have found him a pleasure to work with.”
In 2021 Nicholas was instructed as a junior in a leading case concerning liquidated damages before the Supreme Court, Triple Point Technology Limited v PTT Public Co Ltd [2021] UKSC 29. Other more recent experience includes acting for a claimant joint venture in relation to a £50 million claim under a policy of insurance in respect of delay to the construction of biomass waste wood burning energy power plant, acting as sole counsel in a £7 million claim arising out of the termination of a contract for the inspection of fire doors across the UK, and acting as junior counsel in a £60 million claim concerning the termination of a contract for the provision of complex IT services in the pensions industry.
Nicholas works closely and collaboratively with solicitors and lay clients to achieve the best outcomes, and is often involved in tactical adjudications, as well as assisting and advising in ADR/NDR processes to bring disputes to and end quickly and cost-effectively.
CONSTRUCTION, ENGINEERING AND INFRASTRUCTURE
Nicholas has experience of an extensive range of construction disputes, spanning from large and complex projects to residential works contracts. He has worked on disputes over defects, extensions of time, variations, loss and expense, and termination in respect of a range of projects from domestic and commercial construction to airport, roads, and railway engineering works. He has also worked on complex process engineering cases (involving canneries and medical research laboratories). Recent examples of his work include:
- Being instructed as for a substantial property developer in a £2.5 million dispute in the Manchester TCC concerning the collapse of an acoustic wall at an environmentally-friendly housing development.
- Being instructed as a junior in a multi-million euro arbitration concerning variations and prolongation in the context of a bespoke contract for the construction of an offshore steel test platform.
- Being instructed as a junior in multi-million dirham claim in a Dubai arbitration concerning the termination of groundworks at a substantial commercial development.
- Being instructed as sole counsel in a £7 million claim arising out of the termination of a contract for the inspection of fire doors in a large property portfolio spread across the south east of England.
INSURANCE AND GENERAL COMMERCIAL
Nicholas has a substantial practice arising out of the intersection of construction and insurance law, and has particular expertise in coverage disputes arising out of 10-year new home insurance policies. He has also acted in a range of general commercial disputes. Recent work includes:
- Instructed as junior counsel in the Court of Appeal decision of Manchikalapati v Zurich Insurance Plc (t/a Zurich Building Guarantee and Zurich Municipal) [2019] EWCA Civ 2163 concerning the proper interpretation of a policy of insurance for new homes.
- Instructed as junior counsel in a £50 million claim for advanced loss of revenue under a policy of insurance issued in respect of a project for the construction and operation of a waste wood burning biomass energy plant in Teeside.
- Instructed as sole counsel in a £3 million coverage dispute concerning 111 new homes policies of insurance in a converted residential development in Kent.
- Advising and acting for a property developer in a tripartite dispute between insurers, leaseholders and a developer concerning the effect of a Building Repair Order on a new home policy of insurance.
- Instructed as junior counsel for the claimant in seeking damages for an international fraud (touching upon Thailand, India, Canada and the UK) involving breach of director’s duties, proprietary claims in equity, unlawful means conspiracy (Commercial Court).
- Instructed as junior counsel in a dispute concerning alleged breaches of an exclusivity provision in a sponsor agreement for the development of a structured bond programme.
ENERGY AND UTILITIES
Nicholas has recently acted in disputes concerning oil and gas projects, renewables, waste disposal and water treatment:
- Instructed as junior counsel in adjudication and arbitration proceedings on behalf of the operator of a waste-to-energy plant in Scotland in respect of a claim for the cost to complete after the termination of a £80 million design and build contract.
- Instructed as junior counsel in an arbitration claim in respect of the costs arising out of a liner hanger assembly defect in works on an exploration rig off the coast of Ghana.
- Advising on the allocation of risk and assisting in finalising a statement of case in an ICC arbitration concerning delays to works on an oil and gas facility in the Caribbean.
- Acting as sole counsel in a series of preliminary hearings in Caribbean arbitration concerning claims for delay and the termination of works in project for the construction of a water treatment plant.
INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS
Nicholas has acted on matters arising out of information technology and telecommunications disputes.
- Acting as junior for an IT supplier in a £60 million dispute concerning the transfer of services at the end of a long-term project for the provision of bespoke pensions administration systems.
- Acting for and advising an employer in a dispute concerning the termination of a contract for the development of a test environment, database and front end system for an online investment platform.
- Acting as junior counsel for the defendant in a £70 million dispute concerning the supply of test blocks to exchanges in the UK broadband network.
- Drafting a defence to a claim arising out of a contract for the international provision of networking and telephony systems.
- Acting on behalf of a supplier of networking systems for integrated traffic light monitoring and communication in several council wards in London and the South-East in respect of a claim for the supply of defective routers.
PROFESSIONAL NEGLIGENCE
Nicholas has advised on and acted in various cases of professional negligence. Recent examples include:
- Instructed as sole counsel on behalf of an architect defending negligence claims in connection with the conversion of two premises into a number of flats.
- Instructed as sole counsel on behalf of an Employer in respect of a claim that an architect’s design was unbuildable and contravened approved planning requirements.
- Advising on the apportionment of liability between a main contractor and a fit-out contractor regarding defective ceiling works in a central London office building.
- Advising on a surveyor’s standard of care in conducting valuations.
ADJUDICATION
Nicholas has experience of all aspects of statutory adjudication. He has drafted adjudication submissions and has acted in enforcement proceedings. His work has often involved defending complex claims in short adjudication timetables. Examples include:
- Drafting submissions for an engineering design subcontractor on a nuclear waste storage construction project.
- Drafting submissions as sole counsel in a £6 million dispute concerning a delay claim for the installation of significant electrical grid expansion works in south London.
- Drafting responsive submissions on behalf of an employer in a large-scale final account dispute concerning brickworks at a university accommodation building in central Bristol.
- Drafting responsive submissions in a complex mezzanine finance agreement involving construction consultancy services in a claim worth over £1 million.
NOTABLE REPORTED CASES
Triple Point Technology Limited v PTT Public Co Ltd [2021] UKSC 29
Manchikalapati v Zurich Insurance Plc (t/a Zurich Building Guarantee and Zurich Municipal) [2019] EWCA Civ 2163
Stelio Stefanou v A Culmer Fixing Service Limited [2018] EWHC 2208 (TCC)
Zurich Insurance PLC v Nightscene [2017] EW Misc 27 (CC)
QUALIFICATIONS AND AWARDS
2012-2013 BPTC (Very Competent)
2009-2013 PhD, ‘Justiciability before the International Court of Justice’ (Cantab)
2008-2009 LLM (First Class) Wolfson College, Cambridge
Jennings Prize, Wolfson College, Cambridge
Bevan Prize, Wolfson College, Cambridge
2005-2008 LLB (First Class), University College London
LEGAL TEXTS
Nicholas is a contributing editor of the new Hudson’s Building and Engineering Contracts (14th ed., 2020).
“The dearest things in life may be free!” Construction Law Guest Editor, October 2017
Grove Developments Limited v Balfour Beatty Regional Construction Limited [2016] EWHC 168 (TCC) TECBAR Review, Spring 2016
ADDITIONAL INFORMATION
Nicholas speaks French, Italian, German and basic Polish.
He is a member of TECBAR, COMBAR and the Society of Construction Law.
RECENT RECOMMENDATIONS
“Nicholas is very responsive and hard working. He is also meticulous in his preparation and on the detail.”
Construction, Chambers UK Bar 2025
“He has provided timely advice and excellent drafting.”
Information Technology, Chambers UK Bar 2025
“Nicholas is a very good junior counsel, who is able to process large volumes of information rapidly. He is very proactive and clearly knows his stuff.”
Construction, The Legal 500 2025
“Nicholas is calm, professional, excellent at retaining detail and understanding complex issues.”
Construction, Chambers UK Bar 2024
“Nicholas is highly recommended for his work ethic, manner and expertise.”
Construction, Chambers UK Bar 2024
“Nicholas is very attentive, commercial, and pragmatic. At the same time, he is ready to get stuck into the technical detail.”
Construction, The Legal 500 2023
“He is incredibly bright and his drafting is very clear and persuasive. I have found him a pleasure to work with.”
Construction, The Legal 500 2022
“A very bright junior, he has a very good manner when being challenged – listens and reflects, but also has firm resolve.”
Construction, The Legal 500 2021