Felicity Dynes

Construction, Engineering & Infrastructure

Felicity has extensive experience in construction, engineering and infrastructure-related work as well as significant experience in relation to claims concerning alleged defects on PFI projects in the healthcare sector. Her work often involves advising on complex issues of contractual interpretation, limitation and effect of assignment as well as of liability as between contractors and professionals.

Recent experience includes:

• Advising and representing a council in relation to allegedly defective work on an affordable housing development.
• Advising a council on the proper interpretation of section 278 agreements.
• Advising a public body in relation to delay claims by a contractor.
• Representing a sub-contractor in a final account arbitration against the contractor in relation to a defence project.
• Representing the claimant contractor in a TCC claim for a contribution and/or indemnity from the engineer and specialist flooring subcontractor in relation to a settlement with the employer relating to defects in a warehouse floor.
• Junior counsel in a final account claim relating to a major infrastructure project.
• Representing the defendant specialist curtain walling contractor in claims by freehold and leasehold owners arising from the matters which are the subject of the judgment in Blue Manchester Limited v North West Ground Rents Limited [2019] EWHC 142 (TCC).

ADJUDICATION

In the context of construction, engineering and infrastructure claims, her work also frequently includes work on adjudications, both before, during and on enforcement. She has represented both Referring and Responding Parties in adjudication and has acted as adjudicator. Her recent experience includes the following:

• Successfully representing the Referring Party on enforcement in a dispute over a purported “correction” by the Adjudicator to his decision;
• Successfully representing the employer in a series of adjudications relating to a high value residential build.
• Advising and drafting adjudication proceedings for a contractor in relation to final account claims for work on a converter station.
• Defending a council in a claim by a contractor for extensions of time in relation to a major refurbishment project.
• Advising on and drafting adjudication papers in order to resolve a dispute over responsibility for an alleged defect on a substantial affordable housing project.
• Advising on the conclusivity of a final certificate for the purposes of adjudication submissions.

FIRE SAFETY / CLADDING EXPERIENCE

Felicity often undertakes work in which fire safety and/or cladding defects are alleged. Examples of this kind of work are set out below:

• Acting for the defendant counterparty under an agreement for lease in relation to defects allegedly preventing practical completion, including issues with defective fire protection, compartmentation and strategy and inappropriate cladding for a building of that height.
• Acting for the defendant specialist curtain walling contractor in a multiparty TCC case concerning alleged defects within the glazed curtain walling system for the 47-storey Beetham Tower in Manchester (see also above).
• Junior counsel for the freeholder in a multiparty TCC claim relating to alleged defects in the fire protection measures and fire strategy for a multiuse development in Durham.
• Counsel for the architect in a multiparty TCC claim relating to alleged defects in the cladding system for a local authority housing development.
• Advising hard service contractors under PFI contracts in relation to alleged fire safety defects in hospitals.
• Junior counsel for the Independent Certifier under a PFI arrangement in jointly managed TCC proceedings in relation to alleged fire safety defects in a hospital.
• Advising and representing in a multi-party adjudication a hard service contractor under a PFI contract in relation to alleged fire safety defects in a hospital, including alleged defects with the fire strategy and fire doors.
• Representing the brickwork subcontractor in multiparty TCC proceedings in which numerous fire safety defects were alleged to exist in a residential development and in which it was alleged that the brickwork subcontractor was responsible for alleged cavity barrier defects.