CONSTRUCTION & ENERGY

The contentious and transactional departments are closely integrated to ensure you receive a seamless service.
Two Departments, One Home.

Contentious

Our contentious team handles construction-related disputes of all sizes, from large-scale commercial and residential developments to complex plant facilities. We are highly experienced in litigation, arbitration, adjudication and mediation.

The complex and variable nature of construction and engineering work often generates disputes. They can be time-consuming and expensive and our team adopt a tactical and commercially focused approach to best protect your interests.

Our team also represents both developers and occupiers in ensuring that rights of light are protected or that damages are commensurate with any loss suffered.

Our network of leading experts in the industry (including quantum experts and delay analysts), enables us to provide additional resource to achieve the best available outcomes.

Modern litigation is highly complex regarding both the substance of disputes and procedurally. We are well-versed in modern procedural developments such as respecting electronic disclosure and our team will guide you through the intricacies of the process from issue of proceedings to trial, if necessary.
Arbitration is central to our practice, both domestically and internationally. Team members are Fellows of the Chartered Institute of Arbitrators and write and lecture extensively on the subject.
Our highly experienced team handles adjudications of all sizes and members have been involved in many reported cases.
The imperative in almost any dispute is to try to settle at maximum advantage with minimum cost. Mediation is a central mechanism to promote that outcome. Advocacy in mediation requires different skills and strategies. Members of our team, which includes a CEDR trained mediator, are adept at administering the process for optimum results.

Julian Critchlow

Lead Lawyer

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Recent Matters

Advising a former Towie star, and now his estate, in respect of sums owed in connection with various construction projects in which he was the developer – including housing developments, a hotel and a gymnasium.

Advised a developer as to the development of one of London’s most expensive homes in Mayfair. Here, we acted for the Defendant in Part 8 proceedings brought for declaratory relief which sought that the Claimant had repudiated a construction contract.
Advising an ultra-high net worth individual (listed on the Forbes rich list) concerning the development of his super prime residential property in Primrose Hill by way of 5 separate fraud claims flowing from that development.

Advised shareholders and joint venture partners in relation to investigations into fraudulent conduct concerning the development of an oil refinery in Africa. The matter was multi-jurisdictional and involved litigation in the courts of Mauritius and the United States.
Acted as co-counsel on behalf of the claimant (a subsidiary of a Guatemalan energy company) in ad hoc international arbitration proceedings in London (and pursuant to English law) brought against its insurers.

Acted on behalf of a contractor against an Indian developer in respect of a multi-million-pound delay claim bought concerning the development of a petrochemical plant.
Acted for a Canadian engineering group in respect of a dispute with a UK waste management group relating to the construction of a recycling facility.
Advised an offshore SPV (with an ultra-high net worth ultimate beneficial owner) in respect of a multi-million-pound dispute concerning the redevelopment of a brewery following a major fire and a claim for delay damages advanced by the main contractor via adjudication proceedings.
Advised a contractor in respect of claims brought in relation to the development of data centres for Microsoft and Facebook in the Netherlands.

Defended 3 adjudications and High Court proceeding brought against the client (a longstanding developer) by the contractor for £14m relating to the development of a 5* Hotel
Acted on behalf of our client in Court of Appeal proceedings respecting the entitlement of an adjudicator to recover fees when deciding not to proceed substantively having raised a jurisdictional issue of his own volition.

Transactional

Our transactional team regularly advises upon industry standard form construction contracts (including JCT, ICE, NEC and FIDIC), dispute avoidance, BIM, all forms of construction and project finance, and drafts bespoke contracts, professional appointments, and collateral warranties. Our services extend to advice on project risk management and dispute avoidance. Our extensive experience includes structuring, drafting, and negotiating procurement documentation, building contracts, professional appointments, development agreements and security documentation for employers, developers, contractors, occupiers, individuals and banks.

The team have recently completed the development of a new build 42,000 sq/ft house on the Bishops Avenue in north London and have advised regarding the extension and renovation of two adjoining townhouses in Eaton Square.
The team advise throughout the project lifecycle of the construction of top of the market homes in this sector. More recently, they have advised multiple clients on the completion, opening and construction of future sites.
Our team has been responsible for all of the construction elements of the Savoy refurbishment a number of years ago and have gone on to refurbish other 5* hotels including The Churchill Hotel and The Westbury Hotel. They also advised on the construction of the University Arms hotel in Cambridge and successfully defending a £14m claim by the contractor of that project.
Our team has advised a number of clients in relation to defective cladding claims following the Grenfell tragedy. This included advising a Housing Association on the non-compliant cladding and inappropriate fire stopping that was discovered in one of their buildings that they had purchased. This involved negotiating remedial works from the contractor that originally constructed the property and a financial contribution from the local authority from whom the client had purchased the property.

Carl Asser

Lead Lawyer

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Recent Matters

Acted on behalf of the designer and contractor in respect of the refurbishment of a 5* Hotel in London against the hotel operator in respect of their liability to pay for those works.

Advising a long-standing developer client on the £35m project for the partial demolition, refurbishment, and extension of a 5* hotel, including all of the professional appointments, building contract, stakeholder agreements and security documentation.

Advised a land owner in regards to negotiations with a public gas supplier over the construction and implementation of a gasification plant to be developed on the land owner’s land and advised in respect of the arrangements for the sale of the electricity produced from the gasification plant.
Advised our client in respect of their luxury care home initiative, with 3 care homes being developed in Fulham, Hampstead and Kensington with a combined construction value in excess of £50m.

Advising an Ultra High Net Worth individual on the demolition and redevelopment of a 45,000sq/ft new build home on the Bishops Avenue, (known as Billionaire’s Row) with a construction cost in excess of £40m.

Advised our client as to the procurement and construction of a new high-end restaurant in London’s Cavendish Square - including advising on the procurement, tendering and appointment of the Contractor and professional team.
Advised a well-known car manufacturer (and long-standing client) on the construction of a new build race car simulator facility at their UK headquarters - including drafting and negotiating all of the appointments and contracts for this new facility, as well as ongoing advice to the client on their facilities management arrangements.

Advised in respect of the refurbishment of a 5* Hotel in London - including drafting, negotiating and concluding all professional team appointments, the construction contract, the subcontracts and all collateral warranties and security documents.

Julian Critchlow "has vast experience in construction matters and is excellent at quickly getting to the crux of the issue and identifying the most appropriate way forward."

Chambers & Partners
"Costigan King is our key port of call for construction matters. Carl Asser's exceptionally client-friendly approach always strikes the right balance of commercial and legal advice in a way that the business needs and loves. Carl is a trusted expert who understands the needs of the business, cutting through complex legal matters to deliver pragmatic advice in an intelligent and efficient way."

Toyota PLC
"Excellent lawyer." Carl Asser advises on a broad range of non-contentious construction matters relating to infrastructure and commercial development projects. He has recently been sought out to advise on matters relating to London’s high-end residential market as well as on projects involving luxury hotels and department stores.

The Legal 500