EXPERTISE
Viv is a specialist contentious construction lawyer, with over 15 years of experience at leading global law firms advising and representing a broad range of clients in connection with a wide variety of disputes in the construction and engineering sectors.
She is dual qualified in Scots and English law, with a pan-UK caseload covering Scotland, England, Northern Ireland and Wales, with international clients from Germany, Spain and France.
Viv's advice work encompasses the full spectrum from risk management, strategy and dispute avoidance, to Alternative Dispute Resolution (including negotiation, mediation, expert determination), to more formal dispute resolution at adjudication, court and arbitration. Her substantial adjudication experience ranges from ‘smash and grab’ to extended timetable high value claims. Her court experience includes the Technology & Construction Court in the English High Court of Justice, the Scottish Court of Session at Outer and Inner House, and the Sheriff Courts.
Viv provides exemplary service delivery with consistent results for her client base of main contractors, employers, developers, consultants and sub-contractors, across the private and public sectors involved in construction, engineering, infrastructure, energy, water and waste, and housebuilding projects. She has significant PFI/PPP expertise, in addition to supply chain insolvency knowledge.
- Experience
- Led a large legal, client and expert team in preparing for and conducting an extended timetable, multi-million pound adjudication process for a multi-national joint venture main contractor client, in respect of a novel and challenging COVID-19 related road construction delay and disruption claim, resulting in a multi-million pound award on a live project
- Advised an English NHS hospital Trust on its dispute strategy (including termination options) on a distressed PFI project in respect of defects and poor performance, and obtained a strategically important and multi million pound adjudication award
- Represented a French facilities management sub-contractor on a troubled PFI hospital project in England, provided strategic advice and disputes risk analysis, commenced protective TCC proceedings
- Represented a German contractor on a delayed Welsh wind farm project, completed Pre Action Protocol process (including advocacy at hearing against Counsel) and commenced TCC proceedings including international jurisdictional challenges
- Represented a multi-national SPV on a Northern Irish waste and wastewater PFI project, including multiple high value adjudications on technical and financial elements, a mediation, and Northern Irish High Court proceedings, culminating in a global settlement and project restructure with the Authority
- Advised a housebuilding developer client in connection with alleged fire safety defects, protecting its position in respect of both contractual liability and industry reputation in a sensitive area post-Grenfell
- Instructed by a main contractor client on a high profile Edinburgh retail development including advice on payment disputes and design-related delays
- Acted for a German contractor at arbitration in connection with a contractual payment mechanism dispute in the UK hospitality sector, resulting in a favourable award and enhanced costs award
- Represented a Northern Irish joint venture main contractor client at a high value adjudication in connection with a Scottish roads project relating to ground conditions, and in connected claims and eventual settlement with the designer
- Acted for a main contractor client in a high value, high profile TCC action against a sub-contractor in respect of the London Olympics 2012 village, resulting in a favourable settlement outcome following mediation and prior to trial
- Advised a main contractor SPV on an English police PFI project in respect of contractual payment mechanism issues and insurance claims arising from an arson attack
- Represented developer client in hospitality sector in two hotel construction delay and disruption claims at the Court of Session including a Debate, a Proof before Answer, an Inner House appeal, marking appeal to the Supreme Court, and a mediation, resulting in two reported cases including important new Scots law regarding apportionment of concurrent delay
- 6 month secondment to a main contractor client carrying out both contentious and procurement work in an inhouse counsel role, which provided valuable commercial insight to a main contractor client operating within a wider group including housebuilding and development arms
- Education
- College of Law – Qualified Lawyers Transfer Test – 2008
- University of Edinburgh – Diploma in Legal Practice – 2001
- University of Edinburgh – LLB (Law) Honours – 2000
- Hutchesons' Grammar School, Glasgow – 1996
- Professional Memberships
- Chartered Institute of Arbitrators
