Patrick Clarke

Throughout his career Patrick has dealt with the full range of issues arising in the field including experience in matters relating to a number of standard industry contract forms including the JCT, ICE, NEC, GC/Works, IMech and IChem forms as well as disputes arising out of bespoke contracts. He has appeared in the Technology and Construction Court (TCC) and arbitrations concerning final account, loss and expense, liquidated damages and defects claims. Examples of concluded and ongoing cases include:

• Acting for a joint venture road maintenance contractor in TCC proceedings against Transport for London concerning the proper construction of a London-wide frameworks contract scheme to maintain and repair the road network. The dispute concerned many thousands of repair orders per annum.
• Acting for a building contractor in defending a fee claim in TCC proceedings brought by an adjudicator.
• Acting for a Chinese shipbuilder in Singapore arbitration proceedings in a dispute concerning the construction of a specialist rock dumping vessel for a Dutch purchaser.
• Acting for a main contractor in a dispute before the DIFC courts in relation to claims arising out of the construction of mixed-use, high-rise development in the Kingdom of Saudi Arabia.
• Acting for a contractor in a professional negligence arbitration against engineers arising out of the design of railway track fixings, supplied and installed under a turnkey contract pursuant to the provisions of a PFI contract.
• Appearing for a main contractor to apply for an emergency freezing (‘mareva’) injunction in respect of the proceeds of the sale of a property in London being sold by a Guernsey company.
• Acting for a metropolitan mass transit network employer against a consortium contractor who contracted to design supply and install video, voice and data transmission systems across (and between) around 400 locations under a PFI contract.
• Acting for a Turkish building contractor in arbitration proceedings concerning a high-value commercial office development in Moscow.
• Acting for an Ultra-High net worth American citizen against contractors in connection with construction and professional claims and disputes relating to the construction of a large high value beach-front property in the Bahamas.
• Acting for a Russian property development company in High Court proceedings in connection with a dispute with a Belgian building contractor concerning a London town house redevelopment.
• Acting for a property developer against a contractor in the TCC in a dispute concerning a development of light industrial units in Newport, Wales.
• Acting for the employer in various claims in adjudication and in the TCC individually concerning the construction of Wembley National Stadium.
• Acting for the Associated British Ports in a multiparty claim in the TCC concerning the failure strengthening works to a quay wall in Southampton, UK. The case, concerning the fitness for purpose of works incorporating jet grouting columns and ground anchors, was technically very complex requiring six weeks of expert evidence at a 3 month trial. His role as junior counsel involved drafting opening and closing submissions, attending court every day and assisting with cross examination.
• Acting on a sub-contractor-main contractor dispute concerning the existence of a contract and sums due in respect of M&E works in the construction of a football stadium complex.
• Acting and advising on the Solitaire arbitration concerning the conversion of a bulk carrier ship into a pipe laying vessel. The case concerned contractors’ claims in respect of variations, delay and disruption and loss and expense and is the longest running LMAA arbitration.
• Acting on a claim in the TCC concerning a failure of stabilisation works to an embankment adjoining a soft drinks factory. The case involved geotechnical engineering and accounting evidence.
• Acting for Yorkshire Water on claim in the TCC concerning a wastewater treatment plant installed as part of the AMP2 infrastructure investment programme. The case concerned biological process engineering as well as a loss and expense claim arising out of delays to the completion of the works. It was highly technical in nature and culminated in a three-month trial.
• Acting for the UK government on an arbitration, concerning the construction of a relief road. The case involved a claim for delay and disruption/loss and expense in the construction of reinforced concrete bridges and walls and associated drainage.
• Acting on a claim relating to the defective installation of a water main that later failed, concerned with the cause of failure and Final Certificate and insurance obligations issues.

s experience ranges from acting for a wide range of contractors on issues arising from the design and construction of power stations all over the world to various domestic litigation for local government and electricity authorities concerning allegations of late, defective and disruptive supply of services. Examples of his recent work include:

• Acting in an arbitration between an international consortium contractor and government agency relating to the design and construction of a jack up drilling rig in Central Asia.
• Acting in an arbitration between a Chinese shipyard and a British Virgin Islands company concerning the design, construction and delivery of a jack up drilling rig.
• Advising on defects, delay and final account claims in respect of the construction, commissioning and hook-up of a biomass fuelled power plant in Scotland. Included technical, process, regulatory and commercial disputes.
• Acting and advising in an arbitration concerning the construction of a gas-fired power station in the East of England.
• Acting in a claim in the TCC concerning the construction of a Gas Liquefication Facility in West Africa.
• Acting in a claim concerning the construction of a highly sophisticated gas and multi-fuel power generating plant in the Far East.
• Acting for electricity water and local authorities to act throughout litigation to recover sums in respect of damage to cables pipes and drains by third parties, on the grounds of negligence, nuisance and pursuant to the New Roads and Street Works Act 1991.
• Advising on a contract dispute concerning a Kazakhstani oil field project in the Caspian Sea.

Patrick has broad experience dealing with fee and professional negligence claims for and against a wide range of professional including architects, surveyors, quantity surveyors and their indemnity insurers. Recent cases, on all of which he was instructed as sole counsel, include:

• Acting on several professional negligence claims, including adjudications, concerning the alleged negligent issue of Practical Completion Certificate, valuation and defects by a number of architects.
• Acting for a firm of structural engineers in relation to allegations of defective design in relation to the construction of a studio complex for ITV in Manchester that included the Coronation Street sets and studios.
• Acting on a professional negligence claim in the Technology and Construction Court against Mechanical and Electrical engineers for defects, delays and disruption, and loss and expense arising out of the design and supervision of heating, air conditioning and water supplies to a London Hotel.
• Acting for the insurers of a designer building contractor in respect of defective design allegations relating to the design of a concrete floor slab.

He also has extensive experience of advising on the effect and requirements of the insurance provisions of standard form building and engineering contracts, and advising on coverage issues arising in building and other commercial environments including:

• Advising on the extent and relationship between coverage required by national regulation and contract in the context of a water supplier and issues with the quality of supply.
• Advising on the scope of coverage in relation to the deliberate and criminal acts of workers.
• Advising on the scope of insurance required (and therefore obtained) in relation to employer’s liabilities across international borders.

He has been instructed on a wide variety of matters including on litigation concerning both bespoke and ‘off the shelf’ software and fee claims and defects claims including ‘millennium’, internet and industrial processing software. Recent cases include:

• Appearing for a major IT company in ultra-high value arbitration proceedings against the UK government that culminated in an 82-day arbitration hearing on liability and a further six week hearing on quantum.
• Acting for an online service provider in proceedings for injunctive and other relief in the TCC as well as a mediation and settlement negotiations.

Degree First Class Honours Physics, Kings College London, 1996 Steen Scholar Grays Inn.

He is a contributor to ‘Hudson’s Building and Engineering Contracts’ and is the scheduling editor of the ‘Construction Law Journal’ published by Sweet and Maxwell.

Patrick is a member of TECBAR, COMBAR and the SCL.