Nicholas Maciolek

Call: 2013

: For enquiries call: +44 (0)20 7404 0102
: Download CV (PDF)
: Emailnmaciolek@atkinchambers.com
: Print
: Download vCard
: Save Profile
: Linkedin

Overview
Expertise
Related Insights, Events & Cases
Contact Clerks

Freddie Buckle

Practice Manager

Details

Overview Expertise Related Insights, Events & Cases

Nicholas Maciolek is a highly experienced advocate specialising in commercial construction, engineering, IT and insurance disputes, both in the courts of England and Wales and in domestic and international arbitration.

Nicholas’ practice includes disputes relating to construction, engineering and infrastructure, energy and utilities, information technology, and professional negligence in both court and arbitration. He has considerable experience with all standard forms of contract commonly relevant to construction and engineering disputes, including all FIDIC contracts, the JCT forms, NEC3 and NEC4, the RIBA professional services contracts, the ACE Partnering terms, as well as many bespoke variations of these forms and standalone bespoke contracts.

Nicholas has recently acted as sole counsel on a EUR 500 million dispute in arbitration concerning delays in the construction and grid connection of a large wind farm in western Europe. His other recent court work involves acting as sole junior counsel in a £25 million dispute concerning the destruction by fire of an apartment block in southern England (and allegations of defects in the remaining blocks), and acting as sole junior in a £60 million dispute concerning Building Safety Act 2022 and Defective Premises Act 1972 claims concerning allegations of endemic defects in a block of student accommodation. His past construction and engineering work has also included disputes concerning oil and gas installations, paving and roadways, electricity generation, airport construction, the construction of medical research facilities, and complex process engineering in the field of can production. In 2021 Nicholas was instructed as sole junior counsel in the leading case concerning liquidated damages in construction cases before the Supreme Court, Triple Point Technology Limited v PTT Public Co Ltd [2021] UKSC 29.

In addition to his construction practice, Nicholas has considerable experience in IT and insurance disputes. He has recently been involved in a series of IT disputes involving complex, long-term projects ending in termination, for instance acting as junior counsel in a £60 million high court claim concerning the termination of a contract for the provision of complex IT services in the pensions industry. He has acted in a number of cases involving broadband and fibre internet network connections. His insurance practice has often involved disputes in the context of construction claims; Nicholas’ experience in both fields and analytic ability allows him to bring novel approaches to claims involving insurers even where no direct coverage dispute arises.

Expertise

Construction, Engineering & Infrastructure

Nicholas has experience of an extensive range of construction disputes, spanning from large and complex engineering projects to residential works contracts. 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 energy generation (wind, waste to energy, biomass energy, and nuclear), airport, roads, and railway engineering works. He has also worked on complex process engineering cases (involving canneries and medical research laboratories). Recent examples of his work include:

Acting for a substantial property developer in a £2.5 million dispute in the Manchester TCC concerning the collapse of an acoustic wall at an environmentally-friendly housing development.
Acting 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.
Acting as a junior in multi-million dirham claim in a Dubai arbitration concerning the termination of groundworks at a substantial commercial development.
Acting as sole counsel in a £7 million claim arising out of the termination of a contract for the inspection of fire doors in a large property portfolio spread across the south east of England.

Insurance & General Commercial

Nicholas has a substantial practice arising out of the intersection of construction and insurance law, and has particular expertise in coverage disputes arising out of 10-year new home insurance policies. He has also acted in a range of general commercial disputes. Recent work includes:

Acting as junior counsel in the Court of Appeal decision of Manchikalapati v Zurich Insurance Plc (t/a Zurich Building Guarantee and Zurich Municipal) [2019] EWCA Civ 2163 concerning the proper interpretation of a policy of insurance for new homes.
Acting as junior counsel in a £50 million claim for advanced loss of revenue under a policy of insurance issued in respect of a project for the construction and operation of a waste wood burning biomass energy plant in Teeside.
Acting as sole counsel in a £3 million coverage dispute concerning 111 new homes policies of insurance in a converted residential development in Kent.
Advising and acting for a property developer in a tripartite dispute between insurers, leaseholders and a developer concerning the effect of a Building Repair Order on a new home policy of insurance.
Acting as junior counsel for the claimant in seeking damages for an international fraud (touching upon Thailand, India, Canada and the UK) involving breach of director’s duties, proprietary claims in equity, unlawful means conspiracy (Commercial Court).
Acting as junior counsel in a dispute concerning alleged breaches of an exclusivity provision in a sponsor agreement for the development of a structured bond programme.

Energy & Utilities

Nicholas has recently acted in disputes concerning oil and gas projects, renewables, waste disposal and water treatment:

Instructed as sole counsel in a EUR500 million delay claim in arbitration concerning the construction and connection of a new wind farm in western Europe.
Instructed as junior counsel in adjudication and arbitration proceedings on behalf of the operator of a waste-to-energy plant in Scotland in respect of a claim for the cost to complete after the termination of a £80 million design and build contract.
Instructed as junior counsel in an arbitration claim in respect of the costs arising out of a liner hanger assembly defect in works on an exploration rig off the coast of Ghana.
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 Caribbean.
Acting as sole counsel in a series of preliminary hearings in Caribbean arbitration concerning claims for delay and the termination of works in project for the construction of a water treatment plant.

Technology & Telecommunications

Nicholas has acted on matters arising out of information technology and telecommunications disputes.

Acting as junior for an IT supplier in a £60 million dispute concerning the transfer of services at the end of a long-term project for the provision of bespoke pensions administration systems.
Acting for and advising an employer in a dispute concerning the termination of a contract for the development of a test environment, database and front end system for an online investment platform.
Acting as junior counsel for the defendant in a £70 million dispute concerning the supply of test blocks to exchanges in the UK broadband network.
Acting in a claim arising out of a contract for the international provision of networking and telephony systems.
Acting on behalf of a supplier of networking systems for integrated traffic light monitoring and communication in several council wards in London and the South-East in respect of a claim for the supply of defective routers.

Professional Negligence

Nicholas has advised on and acted in various cases of professional negligence. Recent examples include:

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.
Instructed as sole counsel on behalf of an Employer in respect of a claim that an architect’s design was unbuildable and contravened approved planning requirements.
Advising on the apportionment of liability between a main contractor and a fit-out contractor regarding defective ceiling works in a central London office building.
Advising on a surveyor’s standard of care in conducting valuations.

Adjudication

Nicholas has experience of all aspects of statutory adjudication. He has drafted adjudication submissions in many disputes and has significant experience acting in summary judgment enforcement proceedings. His work has often involved coordinating and defending complex claims in short adjudication timetables. Examples include:

Acting in heavy dispute concerning multiple overlapping contracts for the installation of fibre broadband in southern England.
Acting for a engineering design subcontractor on a nuclear waste storage construction project.
Acting as sole counsel in a £6 million dispute concerning a delay claim for the installation of significant electrical grid expansion works in south London.
Acting on behalf of an employer in a large-scale final account dispute concerning brickworks at a university accommodation building in central Bristol.
Acting as sole counsel in a complex mezzanine finance agreement dispute involving construction consultancy services in an adjudication claim worth over £1 million.

Additional Information

Languages

French
Italian
German
Polish
Japanese (elementary)

Legal Texts

Nicholas is a contributing editor of the new Hudson’s Building and Engineering Contracts (14th ed., 2020).
“The dearest things in life may be free!” Construction Law Guest Editor (October 2017)
Grove Developments Limited v Balfour Beatty Regional Construction Limited [2016] EWHC 168 (TCC) TECBAR Review (Spring 2016)

Memberships

TECBAR
COMBAR
Society of Construction Law

Notable Cases

Triple Point Technology Limited v PTT Public Co Ltd [2021] UKSC 29
Manchikalapati v Zurich Insurance Plc (t/a Zurich Building Guarantee and Zurich Municipal) [2019] EWCA Civ 2163
Stelio Stefanou v A Culmer Fixing Service Limited [2018] EWHC 2208 (TCC)
Zurich Insurance PLC v Nightscene [2017] EW Misc 27 (CC)
University of Manchester v John McAslan and Partners Limited and Laing O’Rourke Construction Limited [2022] EWHC 2750 (TCC)

Qualifications & Awards

BPTC (Very Competent) (2012-2013)
PhD, ‘Justiciability before the International Court of Justice’ (Cantab) (2009-2013)
LLM (First Class) Wolfson College, Cambridge (2008-2009)
- Jennings Prize, Wolfson College, Cambridge
- Bevan Prize, Wolfson College, Cambridge
LLB (First Class), University College London (2005-2008)

Recent Recommendations

“Nicholas’ analytical powers are unsurpassed. His ability to assess complex documentation and in relatively short time and formulate cogent arguments and strategy in response, is highly impressive.”
Construction, The Legal 500 2026

“Nicholas Maciolek is very impressive, technical, knowledgeable and will go the extra mile.”
“He is a bright senior junior, and is a very strong performer.”
Construction, Chambers UK Bar 2026

“Nicholas is very responsive and hard working. He is also meticulous in his preparation and on the detail.”
Construction, Chambers UK Bar 2025

“He provides timely advice and produces excellent drafting.”
Information Technology, Chambers UK Bar 2025

‘Nicholas is a very good junior counsel, who is able to process large volumes of information rapidly. He is very proactive, and clearly knows his stuff.’
Construction, The Legal 500 2025

“Nicholas is calm, professional, excellent at retaining detail and understanding complex issues.”
Construction, Chambers UK Bar 2024

“Nicholas is highly recommended for his work ethic, manner and expertise.”
Construction, Chambers UK Bar 2024

“Nicholas is very attentive, commercial, and pragmatic. At the same time, he is ready to get stuck into the technical detail.”
Construction, The Legal 500 2023

“He is incredibly bright and his drafting is very clear and persuasive. I have found him a pleasure to work with.”
Construction, The Legal 500 2022

“A very bright junior, he has a very good manner when being challenged – listens and reflects, but also has firm resolve.”
Construction, The Legal 500 2021

Privacy Notices

View Privacy Notice

Related Insights