Andrew Fenn

Construction, Engineering & Infrastructure

“Andrew is accomplished well beyond his years and incredibly easy to deal with. He is a hugely compelling advocate and particularly good at grappling with complex delay and disruption claims.”
Chambers & Partners

“Loved by clients and commands absolute confidence in the quality of his written work and preparation of the case.”
The Legal 500

“Accomplished well beyond his years and incredibly easy to deal with.” “Incredibly bright and very user-friendly.”
Chambers & Partners

Andrew has acted on a wide range of disputes in court proceedings and arbitration. Recent instructions include:

International Arbitration

• Acting for a joint venture main contractor in relation to the construction of the new Muscat International Airport (ICC Rules, Oman seat, Omani law). Responsibilities included cross-examination of factual witnesses and delay, technical and quantum experts over the course of numerous rounds of hearings in London and Oman.
• Sole counsel for a Japanese trading company in a termination dispute with a Singaporean metals supplier (ICC Rules, Tokyo Seat, English law).
• Junior counsel for a US contractor in relation to a dispute with a subcontractor about delays to an LNG project in Western Australia (UNCITRAL, London Seat, Australian law).
• Junior counsel for a US contractor in relation to a dispute with a subcontractor about delays to an LNG project in Western Australia (UNCITRAL, London Seat, Australian law).
• Sole counsel for a Spanish contractor in relation to a dispute with an Omani employer in relation to a desalination plant project (DIFC-LCIA Rules, Oman Seat, Omani Law). The dispute centred around the termination of a contract for the operation of the plant. Andrew appeared at a two week hearing in Oman, cross examining factual witnesses, and technical and quantum experts.
• Sole counsel for a South African subcontractor in its claims for prolongation costs arising out of the construction of two power plants in South Africa. Andrew appeared at two DAB hearings and cross examined the main contractor’s factual witnesses and delay expert.
• Junior counsel for a Turkish contractor in an arbitration (ICC Rules, Swiss Seat, English and Russian law) against a Russian property developer. The dispute centered on termination, involving issues of delay, defects, and the final account.
• Junior counsel for a Turkish contractor in a second arbitration (ICC Rules, UK seat, English law) in relation to a completed construction project in Moscow. Andrew’s responsibilities were focused on the delay dispute: he drafted opening and closing submissions, and assisted with the preparation of witness statements and expert reports.
• Acting on behalf of a Chinese contractor in relation to a residential project in Dubai (DIAC Rules, UAE Law). The dispute centered on delays to the project and variations to the works.

Domestic Arbitration

• Acting as junior counsel for a property developer in a multi-million pound tripartite arbitration against the contractor and project manager/quantity surveyor. The dispute with the contractor involved complex issues of delay, valuation and contractual interpretation. Andrew was involved in the case for over 15 months, drafting pleadings and witness statements, and advising on the parties’ substantial disclosure.

UK Litigation

• Sole counsel for a contractor appointed under an NEC contract to construct a new warehouse in the UK. The dispute relates to defects in the warehouse floor, and the responsibility of the contractor’s design subcontractors for the damage to the floor.
• Junior counsel in a two-week trial in the TCC, acting for a contactor in a dispute arising out of a 30-year PFI contract for the operation and maintenance of the M25. The dispute related to the proper interpretation of a provision of the contract providing for the payment of bonuses and deduction of penalties. Andrew cross examined two of the five witnesses at trial.
• Junior counsel in a five week trial in the TCC, acting for a Spanish contractor in a termination dispute with the Gibraltar Government in relation to the construction of a tunnel below the Gibraltar airport runway. The dispute involved determining responsibility for unforeseen soil and groundwater contamination under a FIDIC contract, and Andrew cross-examined a number of witnesses during trial.
• Sole counsel in a five day trial in London. Andrew successfully defended a claim against a domestic building contractor. The dispute involved issues of termination/ repudiatory breach, defective works, variations and under/overpayment.
• Andrew has attended numerous applications for security for costs, dealing with issues of the adequacy of ATE insurance, stifling, independence of Claims and Counterclaims, and foreign claimants.
• Numerous other interlocutory hearings include resisting an application to set aside default judgment, resisting an application for specific disclosure and successfully applying for summary judgment.

Adjudication

• Drafting adjudication submissions in defending a claim from a contractor for extensions of time and LADs.
• Running an adjudication for a sub-contractor in a claim against a main contractor to recover payment.
• Drafting adjudication submissions in defending a claim from an architect for unpaid fees.