EXPERTISE
Kieran has significant expertise in both domestic and international construction and engineering projects. He has worked across a broad range of sectors including on real estate development (such as retail, office, residential, hotel and mixed use schemes), civil engineering and infrastructure, education, food, hospitals, waste and energy projects.
His experience covers all forms of dispute resolution in particular adjudication and arbitration, both domestically and internationally, and he has acted for parties of all disciplines including contractors, employers, consultants, sub-contractors, insurers and funders on a wide range of disputes including disputes as to time and cost overruns, variations and omissions, unforeseen ground conditions, defects, bonds and guarantees given in support of a project.
In addition, he advises on procurement strategies as well as the drafting and negotiation of development agreements, standard form and bespoke construction and engineering contracts, sub-contracts, supply agreements, professional appointments, guarantees, bonds and other ancillary construction documents.
- Experience
Recent non-contentious experience includes:
- Advising on EPC contracts for compressor and pipework works and civil and mechanical works in relation to a green hydrogen production facility in the UK.
- Advising senior lender in relation to the construction aspects of the project financing for a major new-build nuclear power plant.
- Acting for a global logistics and supply chain provider in relation to the contract for an automated high bay storage system for container operations at a UK port terminal and contract management in relation to claims for additional payment and other relief arising from regional conflict and oil shortages / price increases.
- Advising an offshore transmission operator on contract for sub sea cable repair works for an offshore wind farm and contract management in relation to unforeseeable ground conditions, entitlement to milestone payments and related issues.
- Acting for Project Co on construction contract (and variation of the Project Agreement) for the expansion of an operational prison and contract management in relation to acceleration, staged handover, completion certification and defect rectification.
- Acting for Project Co on contracts for remediation of construction defects in an operational PFI hospital, including roofing, cladding and cavity barrier works, with a focus on allocation of design responsibility and operational risk.
- Acting for Project Co on construction contract (and variation of the Project Agreement) for M&E upgrade works to an operational prison / youth offenders’ facility.
- Acting for a lender on £35m development financing for a mixed use regeneration scheme in London, comprising affordable housing, build to rent units and commercial space, including review and negotiation of construction, development and security documentation.
- On secondment to a major contractor, supporting commercial and legal teams on a range of tenders across sectors including residential, commercial, mixed-use, ports, airports, education and environmental projects, with a focus on contract drafting, risk allocation and bid strategy.
Recent contentious experience includes:
- Advising a design-and-build contractor on a large and complex dispute concerning alleged defects in the design and construction of a major guided busway infrastructure scheme (c. 26km), including expert evidence, causation and liability issues.
- Advising a global supply chain and logistics provider on contract management and options for termination of an international contractor on a major maritime and logistics infrastructure project in Central Africa.
- Advising a global logistics and supply chain provider on FM notices and contract management on major maritime and logistics infrastructure projects in the GCC arising from regional conflict and oil shortages / price increasesacting for Project Co in defending an adjudication brought by its FM contractor concerning claims for additional payment arising from alleged instructions relating to the operation and maintenance of building services in an operational PFI hospital.
- Acting for Project Co in pursuing claims against its construction contractor for fire safety and other defects in the design and construction of an operational PFI hospital.
- Advising Project Co on ongoing operation and contract management of an operational PFI hospital, including advice in relation claims under the Project Agreement, flow down of deductions to sub-contractors, service level deductions, liquidated damages and interface issues.
- Advising technology company in relation a dispute concerning defects in the effluent treatment plant, including claims for the cost of remedial works, consequential losses and loss of use.
- Acting for a funder in investigating and pursuing defect claims against consultants, subcontractors and insurers in relation to multiple build-to-rent residential developments, including cladding, fire safety, glazing, brickwork and interface defects, and claims.
- Acting for a developer in connection with a final account dispute and negotiation on student accommodation development, including preparation of claims against the contractor for cladding and water ingress defects and advising on contractual rights under the building contract and finance documents.
- Acting for a pharmaceutical company client on the procurement and delivery of its UK headquarters and associated life sciences hub, including advice on claims for time and money, termination and insolvency risk, and final account strategy within a complex, multi-contract structure.
- Supporting a major UK contractor on secondment in relation to historic fire safety claims and final account disputes, including extension of time, liquidated damages, loss and expense and commercial settlement strategy.
- Recognitions
- King’s College Construction Law Association Prize
- Arbitration Club, Phillip Ranner Prize - 2016
- Professional Memberships
Society of Construction Law
- Publications
‘Building bridges’ in investor-state arbitration: international construction projects and the protection of contractual obligations under bilateral investment treaties in a post-Brexit world - [2021] ICLR 284
