Construction & Engineering Cases

• Claim by gas network operator for losses caused by civil engineers rupturing a gas main supply to 3,500 homes.

• Claim for damages for defective swimming pool in a residential property.

• Claim against electrical engineers following a fire in an industrial oven caused by failure of temperature controllers.

• Claim by charity for replacement of ground-bearing slab laid over dessicated London Clay ground following heave and damage to bio-medical manufacturing facility.

• Claim for payment, EOT and loss and expense and counterclaim for delay, defective work and water ingress damage in respect of a contract for the removal and replacement of an asbestos roof.

• Claim against UK supplier and German manufacturer for defective plastics recycling machine.

• Claims and counterclaims between main and sub-contractor arising out of a contract for the erection of steel-framed and clad extension bays to commercial buildings.

• Claims against plumbing and heating sub-contractor for negligent design and commissioning of various aspects of residential redevelopment including new boiler and underfloor heating.

• Claim by government for historical overage payments defended by developers on grounds of non-compliance with contractual processes.

• 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 engineering business.

• Shareholder dispute arising out of various construction development projects.

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 plant.

• 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 performance 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 to project in middle-east.

• Dispute between Finnish manufacturer and supplier of pressure vessels and sub-contractor over specification and performance 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 air-conditioning system.

 

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