Nicholas Maciolek’s practice covers all areas of chambers work, including construction, engineering and infrastructure, energy and utilities, IT and professional negligence.
In addition to these specialist areas, he also acts in respect of a range of other general commercial disputes.
Nicholas has experience of all the stages of litigation, adjudication, and arbitration. He has worked with a variety of bespoke and standard form contracts, and is familiar with the FIDIC, JCT, NEC, and ACA forms. Recent examples of Nicholas’ work include advising on the contractual status of an algorithm developed for a long-term pavements maintenance contract, drafting adjudication submissions in a ‘single-payment’ construction contract, and appearing as a junior in an international fraud claim involving proprietary claims in equity and unlawful means conspiracy. Nicholas also appears regularly in the County Courts. He works closely and collaboratively with solicitors and has undertaken a secondment with a large City law firm, where he worked on a range of construction disputes within the property litigation team.
CONSTRUCTION, ENGINEERING AND INFRASTRUCTURE
Nicholas has experience of an extensive range of construction disputes, spanning from small-scale residential works to large and complex projects. 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 pavements, railway, harbour and bridge engineering works. Recent examples of his work include:
- 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.
- Advising on the contractual status of an algorithm in the context of a twenty-five-year PFI pavements maintenance contract.
- Acting for a contractor in resisting a winding-up petition on grounds of abuse of process and a genuine contested debt (County Court at Liverpool).
- Acting for a contractor in a dispute concerning the extent of obligations in a contract for the provision of long-term maintenance at a housing development (County Court at Central London).
- Acting for a homeowner in a final account dispute (County Court at Bournemouth).
- Advising an employer on its rights vis-à-vis a subcontractor arising out of a contract for the renovation of an airport terminal (NEC 3 Option A).
- Drafting Particulars of Claim in a dispute concerning defective waterproofing works to a warehouse roof carried out under a bespoke contract.
- Advising on a range of potential claims and defences with regard to a number of oral and part-oral contracts for refurbishment works at the property of a high net-worth individual.
- Advising a contractor on the proper construction of an asbestos clause in a contract for the refurbishment of an academy school in south-west London.
ENERGY AND UTILITIES
During pupillage and subsequently, Nicholas has undertaken work on a range of energy projects in line with Chambers’ specialisms. Examples include:
- Advising on a contractual obligation to provide a bank guarantee in a contract for the delivery of a vessel to conduct subsea surveying for an oil pipeline in the Indian Ocean.
- Advising with regard to the liability of a utility provider and its subcontractor under the Water Industry Act 1991.
- 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 West Indies.
- Drafting submissions for a pre-trial application for security for costs in a dispute concerning repair works on an off-shore oil rig.
INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS
Nicholas has drafted pleadings arising of information technology and telecommunications.
- Drafting a defence to a claim arising out of a contract for the international provision of networking and telephony systems
- Acting for the contractor in a large-scale PFI dispute concerning the interpretation of a contract in the application of a performance algorithm to roads maintenance works.
Nicholas has gained experience of acting in cases of professional negligence. Recent work includes:
- 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.
- Drafting particulars of claim for the negligent design of a waterproofing system at a business park.
- Advising on the apportionment of liability between a main contractor and a fit-out contractor with regard to defective ceiling works in a central London office building.
- Advising on a surveyor’s standard of care in conducting valuations.
Nicholas has advised on several commercial disputes related to or outside the field of construction. Recent work includes:
- Instructed as junior counsel for the claimant in seeking damages for an international fraud involving breach of director’s duties, proprietary claims in equity, unlawful means conspiracy (Commercial Court).
- Advising with regard to limitation in an insurance coverage dispute arising out of the construction of a new-build home.
- Drafting a defence and counterclaim in an action concerning the connection of mains electricity to a dairy.
- Advising on a reinsurance coverage dispute concerning the release of contaminated water by a utility company.
- Advising on an insurance coverage dispute arising out of the provision of defective tiling to domestic properties.
- Advising on an insurance coverage dispute concerning a school in the context of issues of vicarious liability.
Nicholas has experience of all aspects of statutory adjudication. He has drafted adjudication submissions as well as particulars of claim in enforcement proceedings:
- Drafting submissions for an engineering design subcontractor on a nuclear waste storage construction project.
- Drafting a response and a rejoinder in a delay claim arising from a substantial domestic construction project.
- Drafting a referral for a contractor in the context of a contract for the provision of long-term maintenance services for social housing (TPC 2005 (amended 2008)).
- Advising a sub-contractor on a number of payment disputes arising out of a large-scale residential development project in a former gas holder.
- Drafting particulars of claim for the enforcement of an adjudication on a railway project.
- Advising and drafting a response in a final account claim in a ‘single payment’ contract for the provision of heating, ventilation and air-conditioning works at an office development in central London.
OTHER PROFESSIONAL INFORMATION
BPTC (Very Competent) (2012-2013)
Ph.D. (Cantab) ‘Justiciability before the International Court of Justice’ (2009-2013)
LLM Wolfson College Cambridge: First Class Honours (2008-2009), Jennings Prize (Wolfson College); Bevan Prize (Wolfson College)
LLB University College London: First Class Honours (2005-2008).
Nicholas speaks French, Italian, German and basic Polish.