Construction and Engineering Experience
Hugh James' Constructiona and Engineering team
has specialists in both project advice and dispute
resolution work.
Project advice:
- Barry Waterfront Redevelopment
Consortium
Acted for a consortium of national
housebuilders in relation to this £350m redevelopment. Advised on
the consortium agreement, construction contract, appointments,
warranties, bonds and guarantees.
- S Dudley & Sons Limited – Framework with Sainsbury
plc
Acted for S Dudley & Sons Limited in
relation to the negotiations with Sainsbury plc of a framework
agreement for the supply of services/work.
- Leadbitter Construction – Bournemouth
University Student Accommodation
Acted for Leadbitter in relation to the
drafting and negotiation of a range of construction, corporate,
funding and commercial documents relating to a non-recourse
development of student accommodation in a project with a
capital value of £32million.
- Cardiff Castle redevelopment /refurbishment
works
Acted for Cardiff Council in the drafting of
construction documentation in relation to the fit out of the new
“interpretation” programme of Cardiff Castle.
- The Welsh Government - Parc Derwen, Bridgend
Project
Acted on behalf of the Welsh Government /
Private Sector Consortia in connection with the £225 million
development of housing, a primary school and community facilities
infrastructure at Parc Derwen. We were involved in the
negotiation / drafting of the Consortium Agreement and responsible
for drafting / negotiating the Project Manager’s appointment,
construction contract, warranties, appointments and performance
bonds. Extensive discussions took place in relation to
the impact of the new Construction (Design and Management)
Regulations 2007 which necessitated a change in the contractual
structure.
- University of Wales Institute, Cardiff
Advising the University on their use of
Framework contracting for Major Contractors and the underlying form
of the NEC3 Contract in respect of their Capital redevelopment
programme.
- Gwalia Housing Association – PFI Scheme
We advised Gwalia on the commercial,
construction, property, corporate and banking issues in relation to
the development of purpose built accommodation for over 1000
students over the next 30 years. The project was a partnership
between Bangor University and Gwalia Housing Association.
Dispute
management:
We have acted in numerous
adjudications, large and small, involving the issues that regularly
arise such as payment, extensions of time, loss and expense, design
responsibility and defective works. We have a dedicated team
dealing with adjudication.
- National Contractor: £15m
final account adjudication over payment and extensions of
time under a JCT Design and Build Contract
- Employer: £3m adjudication over delay and
design responsibility
- National
Contractor: £2m adjudication involving complex
programming, design liability and payment issues. Involved
consolidating two adjudications and ultimately resulted in
enforcement proceedings.
Litigation and arbitration
- A claim brought by a
national house builder for contaminated land under a collateral
warranty; value £3m
- Various multi-party actions
involving sums up to £50 million
- A dispute over a
facilities management contract heard in the Technology and
Construction Court, London; value £2m
- Various claims including
defending a claim brought by a highway works
contractor.