has mediated the following construction and engineering
Claim by owner of laboratory against M&E contractor (and onward claims against two further parties) following malfunction of sprinkler system and damage to equipment.
• Claim against piling sub-contractor for losses suffered as a result of claims by neighbouring landowners for damage caused by piling and excavation works.
• Claim for reconstruction of a garden following failure of raised-bed walls and patio area over a back-filled pond, in breach of planning permission.
• Claim for failure to connect sewage drain from block of 24 apartments to mains sewers, resulting in backing up of sewage into the lower floor of the building.
• Claim against structural engineers regarding attempts to stabilise and convert 17th and 18th century timber barns to residential use.
• Claim for contract price by interior designer and supplier of furniture and fittings to the developer of a boutique hotel, defended and counterclaimed against on the ground of failure to supply to specification.
• Claim for rentalised development costs and for termination development costs of £50m on flagship development in Cardiff Bay.
• Claim by employer for non-removal of asbestos containing materials from decommissioned power station in preparation for residential and commercial development, with defences based on contractual scope.
• Sub-contractor claims for work done on various residential development sites for first fix plumbing and ducting and cross claims for defects by main contractor.
• Claim for damage to water main, and resulting claims by third parties, allegedly caused by directional drilling.
• Substantial claim under trade credit insurance following collapse of main contractor debtor of insured M&E sub-contractor, involving issues of account certification by administrator and alleged set-offs and counterclaims against primary account and their effect on the insured loss.
• Claim against architect, main contractor and sub-contractor for replacement of water treatment plant on commercial site due to under-sizing of soakaway.
• Claim for extension of time and associated costs of £6m under a JCT SBC/XQ Standard Building Contract Without Quantities in respect of a prestigious award-winning museum.
• Claim against main contractor for various items of defective work and design arising out of redevelopment of an historic pumping station.
• Claim for negligent design of a “warm roof” and ancillary structures in a spa building extension to a hotel in the Lake District.
• Claim for remedial works to internal and external coatings of a number of high-pressure vessels supplied for use in the water treatment industry.
• Claim for price of sub-contracted steel supply and erection and counterclaim for rectification works and delays.
• Claim by invoice financier and counterclaim for issues of water ingress against manufacturer of windows and doors on two new-build schools.
• Claim against main contractor for damage to piling rig under hire caused by storm surge on coastal construction site.
• Claim against quantity surveyor for failure to obtain best price on substantial residential refurbishment project and for allowing main contractor to obtain excessive profits on sub-contracted works.
• Claim against principal contractor and sub-contractors for breach of statutory duties (Control of Asbestos Regulations, CDM Regulations), negligence and breach of contractual duties, and counterclaims for contributory negligence following shot-blasting of bitumen paint containing several forms of asbestos fibres.
• Claim for quantum meruit in respect of joint tender for water treatment project.
• Party wall claim following development, ground level changes and damp and water penetration, defended on the grounds of causation.
• Dispute between traffic management plant hire operators in respect of payment for hire, failure to provide, damage and failure to return equipment.
• Various schools contracts claims for M&E work.
• Claim for payment and cross-claim for defects in respect of roof tiles supplies to building products business.
• Dispute between uPVC window supplier and main contractor regarding delays and quality and whether the contractor had been provided with a satisfactory working environment on a housing estate development.
• Claim by residential owners against adjacent site developers and engineers and consultants regarding the erection of a crib lock wall at the base of a slope, following serious subsidence.
• Dispute between employer and main contractor regarding the contractual effect of a post-main contract change to the deed of appointment of the nominated structural engineer in respect of a £25m residential JCT design and build project in Mayfair.
• Four-party dispute in respect of the supply of plywood with an excessive formaldehyde content.
Claim by main contractor for contribution against consulting engineer and groundworks contractor in respect of uneven warehouse slab.
Large volume of claims in respect of telecoms "enabling works" required to enable external insulation to local authority housing.
£13m claim in respect of a defective foundation slab in the construction of a warehousing and logistics facility for a national retailer.
Multi-party dispute in respect of mains-replacement works under a public highway under a local authority utilities contract.
Dispute arising out of the manufacture and supply of two sulphuric acid storage tanks and the subsequent leak of 2500 litres of sulphuric acid.
Dispute regarding defective electrical and mechanical works and delays in respect of the construction of a £2.5m house.
Claims by liquidator against directors of construction contractor in respect of personal home improvement works and preferential payments to associated companies.
Claim by local authority pension fund against building surveyors and against M&E surveyors following acquisition of commercial office property with air-conditioning system which breached EC environmental regulations.
Claims against independent school for consultancy fees in respect of project management and construction of new school buildings.
Dispute in respect of a final account in relation to a residential building contract in Tuscany.
Claim by residential occupier for subsidence arising out of alleged contamination by industrial occupier of neighbouring land by caustic soda.
Claim by city council against contractor for negligent
engineering of children’s water park.
Claim by borough council against architect of city-centre
public space scheme.
Restrictive covenant dispute between scaffolding companies.
Final account dispute between contractor and sub-contractor
on construction of hospital.
Restrictive covenant dispute between architects.
Product liability claims relating to development, sale
and installation of insulating materials.
Claim by liquidator against former directors of civil
Shareholder dispute arising out of various construction
Stuart has experience of litigating
and advising on a number
of construction and engineering
disputes, including the following:
Dispute between coal supplier and contractor
over the construction of a coal sorting and washing
PFI, PPP and similar funding/development/operation structures.
Claim against concrete producer arising out of the construction
of a concrete production plant.
Dispute between sub-ocean pipeline engineering company
and Asian customer arising out of specification and
of pipeline “pigs”.
Dispute between engineering contractor and Iranian customer
over the specification and performance of drilling equipment
and terms of supply.
Claims by governors of new-build school against contractors
and consultant engineers over fuel-efficiency of design
and installation of structure and systems.
Arbitration proceedings by supplier against Greek company
over specification and performance of liquid gas equipment
Dispute between Finnish manufacturer and supplier of
pressure vessels and sub-contractor over specification
of high pressure system.
Dispute between civil engineering building products
manufacturer and contractor over specification and performance
of heavy-duty plastic drainage.
Dispute between Dutch supplier and main contractor over
specification and performance of water filtration membranes.
Claim by carpet manufacturer against supplier over defective