Robert Clay

Construction & Engineering

International

He has conducted many complex, long-running or high-value international commercial arbitrations for clients all over the world, including in Asia and the Middle East. Cases include:

• Acting for a German shipyard in variation and disruption claims relating to a superyacht.
• Acting for the owners of a far eastern gas field in relation to complex allegations of professional negligence in process engineering and structural engineering.
• Acting for oil pipeline contractors in variation, delay and disruption claims arising out of a pipeline in the Middle East.
• Acting for a specialist interior decorator contractor in respect of loss and expense claims relating to a new build hotel complex. The arbitration was heard in the Abu Dhabi Arbitration Centre.
• Acting on a Hong Kong arbitration on piling defects in multi-storey developments on land reclaimed from Hong Kong harbour.

Domestic

He practises regularly in the Technology and Construction Courts and all types of UK construction litigation and arbitration. He is expert in the problems of law raised by the building and engineering standard forms of contract. He is very experienced in handling difficult technical evidence, and in the case management of complex long-running cases. Examples include:

• Acting for specialist piling contractors in claims arising out of service failure of piled walls.
• Acting for engineers on a railway infrastructure upgrade.
• Acting for developers in a claim relating to defective steelworks design of a warehouse conversion and new build residential tower.
• Acting for cladding designers in defence of claims for defective cladding on a London office development.
• Acting for infrastructure services contractors carrying out a series of energy saving contracts for power generation companies.
• Acting for a local authority in claims arising out of defective steelwork design for a new rail bridge which formed the centre piece of a large highways project.
• Acting for housing associations in relation to defective housing stock.
• Successive High Court proceedings and adjudications arising out of long-term PFI contracts for running and upgrading public transport infrastructure.
• TCC proceedings arising out of an incentive bonus for early completion of floating production facilities for the North Sea, and further proceedings arising out of numerous counterclaims by employers.
• High Court proceedings on whether time for completion of work to Wembley Stadium is “at large”, on grounds not previously considered in any English Authorities and acting on the main claim between the same parties; Multiplex v Honeywell [2007] BLR 195.
• Obtaining payment for a trade contractor for the renovation of the British Museum in a case complicated by allegations of fraud.
• Acting in an expert determination and subsequent High Court litigation arising out of a contract to build, maintain and operate a power station for a large mineral processing plant.
• Acting on an arbitration appeal on whether an arbitration which is required by the parties to be final and binding will have an unusually restricted right of appeal under the 1996 Arbitration Act; Essex CC v Premier Recycling [2007] BLR 23.
• Acting as Counsel for Housing Association calling a performance bond; Paddington Churches Housing Association v Technical and General Insurance Co Ltd. [1999] BLR 244.

Adjudication

Robert has been acting in construction adjudications since the statute imposing adjudication procedures on construction contracts first came into force. His cases include:

• Acting for employers on variation claims arising out of a long-term road maintenance project and reversing the adjudicator’s decision in arbitration proceedings.
• Acting for contractors in large-scale contractual adjudications under a PFI railway infrastructure project.
• Acting on the leading case on Human Rights and Adjudication; Austin Hall v Buckland [2001] BLR 272.
• Acting on a complex adjudication in relation to extension of time arising out of offices in a listed building in St James’s.
• Acting on an adjudication about the termination of a contract to complete remedial measures to power station chimneys.