Nicholas Collings

Construction, Engineering & Infrastructure

Nicholas has represented employers, contractors, sub-contractors and consultants on many cases, both domestic and international, concerning numerous types of building and engineering projects. On the pure construction side he has acted on a wide range of disputes including those relating to defects, measurement and valuation, delay, procurement and contract administration. His expertise on engineering matters extends to mechanical and electrical, structural, civil, fire, and geotechnical cases.

International

Recent experience includes acting for:

• Main contractor in respect of a substantial dispute under ICC rules (value in excess of £100 million) concerning the construction of new airport in a GCC Country. Issues in the arbitration concerning design liability, analysis of delays and proper construction of contractual notice obligations under local law.
• A Middle Eastern government agency in a dispute with a Japanese / Middle Eastern JV concerning the design and construction of a sewage and water treatment facility (claim value in excess of USD 150 million).
• A multi-national joint venture in an ICC arbitration (seated in Miami) concerning claims and counterclaims arising out of a major PPP infrastructure project in South America (value in excess of USD 100 million).
• A government agency against an EPC contractor in respect of the delivery of a petroleum refining facility. The claim, with a value in excess of USD 250 million, concerned claims for delay and disruption, failures to meet contractual performance tests, as well as claims for defects in the structural and mechanical design.
• A Central European government entity in an ICC arbitration concerning a major infrastructure project. Issues arising in the case concerned design liability, delays, disruption, acceleration, defects and other issues arising under a FIDIC Red Book contract.
• Property developers in an arbitration under DIAC Rules. Claim with value in excess of £250m concerning the development of a substantial mixed-use commercial / retail / residential development in Dubai. Issues between the parties included the effect of various representations under Dubai law, and the proper measure of loss for breaches of contractual obligations.
• Property developers in an arbitration under DIAC rules in respect of dispute between developers concerning plots of land in an industrial development in Dubai. Disputes as to termination rights under a lease and proper approach to quantifying losses.
• A roadworks contractor against a European government entity in an ICC arbitration. Issues concerned defects, delay, disruption and acceleration and various contractual claims and issues under the FIDIC Red Book.
• An African government agency in an ICC arbitration concerning a major infrastructure project. Issues arising in the case concerned jurisdiction, effect of DRE decisions, defects, delay, disruption, and acceleration claims.
• Engineers in an expert hearing of the Court of First Instance of Abu Dhabi for a claim concerning the design and supervision of a GRP sewage pipeline project.

Domestic

Recent experience includes acting for:

• An employer in a multi-party dispute concerning the design and construction of a hospital including the cladding and the fire protection measures and their compliance with the requirements of the Building Regulations and other applicable standards.
• A UK government agency in a claim relating to road construction. Claims under NEC2 Contract. Issues arising in the case related to delay, defects and assessment of compensation events.
• An NHS Trust as to the adequacy of the design and construction of the hot and cold water system and whether the water is contaminated by a pathogen Pseudomonas A and/or other bacteria, and as to whether deductions made by Trust on the grounds of lack of availability were justifiable under the PFI agreement.
• The main contractor in a TCC claim concerning the design and construction of a major residential development in central London under a JCT design and build contract.
• Purchasers of apartments in a large residential development in claims against the NHBC following the insolvency of the developer and main contractor.
• A main contractor in a claim against a UK government agency for payment and the assessment of compensation events under an NEC3 contract.
• M&E subcontractors in a claim relating works carried out in a private hospital. Issue concerned defects, variations, and statutory limitation periods.
• A design and build contractor in a final account claim relating to the construction of a sports centre and associated leisure facilities.
• Employers in respect of claims arising out the construction of university halls of residence. Issues concerned pre-contractual misrepresentations and fraud.
• The employer in a TCC claim concerning the design and installation of an air conditioning system in an underground museum storage facility.
• A sub-contractor in relation to disputes relating to the design and supply of trains for use on an underground railway. Issues concerned fitness for purposes and the scope of design liability.
• An underground railway undertaking in relation to safety measures required for engineering works over and adjacent to the underground railway.
• Various claimants and defendants in adjudication enforcement proceedings in the TCC.