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Kieran Fano

Managing Associate, Construction & Engineering
London

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 contentious experience includes:

Acting for international turnkey contractor in proceedings before the High Court, Court of Appeal and UK Supreme Court in relation to enforcement of New York Convention arbitration award against Nigerian state owned oil and gas company arising out of the construction of an oil and gas export facility in Nigeria;
Acting for international engineering company in multiparty dispute concerning alleged defects in equipment supplied as part of waste water treatment works facility in England;
Acting for property developer in adjudication and TCC proceedings concerning enforceability of rates of liquidated damages and in relation to entitlement to extensions of time and additional payment in respect of variations and loss and/or expense arising out of the construction development in London;
Acting for specialist subcontractor in successive adjudication proceedings with main contractor in relation to final account dispute concerning entitlement to extensions of time and additional payment in respect of variations and loss and expense;

Recent non-contentious experience includes:

Advising and drafting for developers and funders in relation to various contract and construction related issues, including building contracts, subcontracts, consultant appointments, collateral warranties, novation agreements, deeds of assignment, bonds and guarantees;
Advising and drafting for hotel developer in relation to negotiation of modular supply contracts, related funding agreements and subsequent novation involving supply of modular bathrooms from China;
Advising and drafting for employer in relation to development of water abstracting and bottling facility;
Drafting full suite of contractual documents for specialist subcontractors and negotiating and drafting subcontract documents on a project by project basis.