Elizabeth Donnelly

Elizabeth accepts instructions to advise, draft pleadings and represent clients in disputes arising from domestic building works and large-scale construction and engineering projects. She is familiar with bespoke and standard form construction contracts.

Examples of recent work include:

• Advising and drafting the Defence on behalf of a building contractor in a complex claim for damages for defective works, repudiatory breach of contract, and non-fraudulent misrepresentation.

• Drafting Particulars of Claim on behalf of a contractor alleging wrongful termination of contract in the wake of the Covid-19 pandemic.

• Advising the owners of a large hotel on the merits of a prospective claim for damages for defective roofing works.

• Advising a building contractor on (i) the proper construction of an amended JCT Minor Works contract, and (ii) the employer’s prospects of successfully claiming liquidated damages from the contractor.

• Advising homeowners on the formation and interpretation of their part-written, part-oral contract with a builder.

• As junior counsel, advising and representing the Defendant contractor in a payment dispute concerning an abandoned infrastructure project.

• As junior counsel, representing the operator of a quarry in its claim against a concrete manufacturer for damages for breach of contract.

Elizabeth recently acted as junior counsel to a shipbuilder in two high-value international arbitrations relating to the termination of contracts for the design and construction of semi-submersible offshore drilling rigs. Working in a team of barristers led by Adam Constable KC, Elizabeth was responsible for drafting substantial pleadings, witness statements and application submissions relevant to numerous issues in the case.

Elizabeth has experience of advising clients on prospective claims against construction professionals.

Examples of Elizabeth’s work in this area include:

• Advising homeowners on the merits of their prospective claim against an architect. Issues included the scope of an architect’s duty to exercise reasonable care and skill when recommending a specific building contractor to a client.

• Advising homeowners on their prospects of establishing that a company acting as Approved Inspector had failed to exercise reasonable skill and care when performing its duties under the Building Regulations 2010.

• Assisting with an Advice on the scope of a design-and-build contactor’s duty of care in tort in respect of the design and construction of cladding works.