Jennie is regularly instructed in relation to a wide range of construction and engineering disputes, including delay and disruption, loss and expense, defects, variations, contractual money claims, payment, termination, and associated insolvency and insurance matters. She appears (for employers, contractors and sub-contractors) in the TCC and County Courts, has a thriving international arbitration practice and is regularly instructed in relation to adjudications and DABs. She has extensive knowledge of the JCT, NEC and FIDIC standard forms.
Jennie was recently awarded “Construction Junior of the Year” for 2024 at the Legal 500 MENA Awards.
Reported cases: Hamad Aldrees & Partners v Rotex Europe Limited (2019) 184 Con LR 145, Van Oord UK Ltd v Allseas UK Ltd [2015] EWHC 3074 (TCC), Van Oord UK Ltd v Allseas UK Ltd [2016] 1 CostsLO 1 and Stellite Construction Ltd v Vascroft Contractors Ltd (2016) 165 ConLR 108, Fileturn Ltd v Lincoln Plaza Hotel Co Ltd [2022] EWHC 2277 (TCC).
Taylor Wimpey v Galliford Try & Ors: Drafted amendments to Particulars of Claim to reflect Building Safety Act changes and additional defect claims in dispute concerning three residential apartment buildings. The claim relied (amongst other matters) on breaches
of the Building Regulations (including fire safety matters). It was brought against three defendants pursuant to the Defective Premises Act 1972 and a collateral warranty, in tort, and in breach of an architect’s appointment and the JCT Standard Form Building Contract with CD.
Hill Partnerships Limited v KKM Architects & Ors: Drafting Defence and provision of advice in c£2m claim against architects concerning alleged fire safety defects.
Whittington Facilities Limited (in administration) v Whittington Health NHS Trust: Drafted RFI application and general provision of advice in c£56m PFI termination account dispute, primarily concerning alleged fire safety defects.
Drafted Particulars of Claim on behalf of freehold owners of student residential accommodation against the main contractor alleging serious and substantial defects, including fire safety defects (contrary to ADB2) and seeking c£9m in respect of rectification costs and associated losses. The claim relied on breaches of a warranty, a duty of care in tort and breaches of the Defective Premises Act 1972.
Drafted Particulars of Claim on behalf of 48 leasehold owners of high rise flats against six defendants, including the developer, main contractor, shared ownership leaseholder, NHBC, architect and employer’s agent alleging serious and substantial defects, including passive fire safety defects, and seeking the cost of necessary remedial works plus associated losses. The claim relied on obligations the defendants variously owed pursuant to the Defective Premises Act 1972, sales contracts and the terms of Buildmark Cover.
Advice on prospects and quantum in respect of a potential claim against a firm of architects who provided planning permission advice.
Advice on prospects and quantum in respect of a potential claim on behalf of a management company against a construction consultancy firm concerning preventative maintenance works.
Advice and preparation of position papers re substantial glazing dispute concerning re- development of a shopping centre.
Eco Green Management Limited v The Alchemist Bar & Restaurant Limited: Drafted Defence in payment claim for commercial electricity services, in which the claimant sought to wrongly apply substantially higher rates reflective of the “energy crisis”. The defendant alleged wrongful termination, wrongful interpretation and denied that various alleged terms fell to be implied.
Advising a major UK home building on limitation and its standard terms in light of Grenfell.
Advice given to the largest manufacturing company in Europe in respect of Covid-19 project implications. Jennie advised in relation to force majeure, termination, change of law and other contractual remedies (under amended FIDIC and NEC forms) in respect of three on-going projects, and provided commercial and practical advice to be applied by the company generally in relation to all projects.
An ad hoc adjudication (spanning 3 months), defending a claim concerning passive fire protection defects in one of the largest single-site hospitals in the UK (costing c£545m). Jennie drafted the pleadings and witness statements.
For Defendant (as sole counsel) providing limitation advice and drafting a complex settlement agreement in respect of window and cladding defects for one of the UK’s largest house builders.
For Claimant (with Adam Constable QC) providing on-going, real-time, advice to three contractors working on a major infrastructure project in London in respect of Covid-19- related force majeure and change of law claims, and drafting position papers in respect of such claims.
Hamad Aldrees & Partners v Rotex Europe Limited (2019) 184 Con LR 145. Jennie was led by Simon Hargreaves QC and Piers Stansfield QC in this £46m, TCC claim concerning the sale of machines to a Saudi Arabian company. The judgment establishes a new principle regarding the incorporation of terms. Jennie worked on expert reports, preparation for trial (including drafting opening submissions and cross examination), supported Simon during trial and drafted closing submissions. As a result of Simon’s busy practice, Jennie was afforded significant responsibility in managing this claim and, after trial, took charge of written closing submissions, oral case management submissions and the hand over to Piers.
Prater Limited v RSA Façade Design Limited. Jennie was instructed as sole counsel to defend this £200,000 TCC claim in respect of the design of roof glazing to Olympia West Hall, London. Jennie drafted the Defence and response to an RFI, provided advice on strategy for a mediation and negotiations which led to a favourable settlement of the claim.
Kaplan NT Limited v Vinci Construction UK Limited. Jennie was led by Sam Townend in this c£1m TCC claim concerning defective lifts in student accommodation in Nottingham. Jennie drafted the Particulars of Claim and responses to RFIs, worked on expert reports and led various conferences with the client advising on merits and strategy.
For Defendant (as sole counsel) in a 3-day County Court trial concerning sums allegedly owing in respect of the design and installation of various telecommunications towers manufactured by the defendant. Jennie successfully defended the claim and conducted all aspects of the oral hearing, including cross-examination on complex civil engineering issues.
Drafted numerous pleadings including: Defence in architect’s professional negligence dispute concerning a defective church roof (claim value £120,000); Particulars of Claim in a dispute relating to a window and door fabrication machine (claim value c£1.5m); Particulars of Claim, Response to Part 18 Request and Reply in a claim relating to an industrial air conditioning supply and installation contract; Particulars of Claim seeking payment of invoices for the manufacture and installation of steel handrails.
Advised a contractor in relation to a number of issues referred by the Supreme Court of Ireland to the Court of Justice of the European Union.
Regular advice, pleadings and court work for a UK fibre network provider.
Regular advice and pleadings in disputes relating to breaches of the National House Building Council Rules and Buildmark Policy.
For Claimant (with Richard Harding QC) in c.£120m ADCCAC final account arbitration concerning an international airport (with an area twice the size of the world’s tallest building). Jennie was afforded significant responsibility in preparing all aspects of the case (including drafting pleadings, assisting to manage a team of junior solicitors, expert reports and witness statements). The case raises issues of delay, acceleration and varied works.
For Respondent (with David Thomas QC and Ben Sareen) in a USD $14.5m ICC arbitration concerning a photovoltaic energy plant in Qatar. The case raises matters of interpretation, implied terms, good faith, estoppel and willful misconduct. Jennie has been responsible for: all aspects of legal research and submissions; drafting the Defence; drafting witness statements; drafting applications and notes for the Tribunal; drafting openings; preparing oral openings and cross examination for the hearing (recently re- listed for 2022); and preparation of a security for costs application.
For Claimant acting for a global energy company in a number of DABs concerning two coal-fired power stations in South Africa. Jennie was part of an unled team of juniors coordinated by Calum Lamont, each of whom was responsible for running different DABs. Jennie was responsible for: running a (successful) DAB seeking prolongation costs in respect of one of the power stations, including drafting pleadings and settling witness statements and expert reports; and advising in relation to a claim in respect of the second power station.
For Claimant (with David Thomas QC, Ben Sareen, Brenna Conroy and Harry Smith) in a £200m arbitration concerning an energy project in South Africa. Jennie assisted with preparation of the delay and disruption claim, gave contractual advice, drafted opening submissions, prepared cross examination of factual and expert witnesses, supported David Thomas QC during a three-week hearing, and prepared written and oral closing submissions.
For Respondent (with Richard Harding QC and James Thompson) in a £600m DIAC arbitration concerning an airport in the Gulf, with a particular focus on IT system issues. Jennie was responsible for all aspects of the delay claim including: working with a team of three solicitors, working with delay and quantum experts, analysing the documentary evidence, drafting witness statements and supporting Richard Harding QC during a two- week hearing.
For Claimant (with Marcus Taverner QC and James Thompson) in a £300m ICC Final Account arbitration concerning an airport in the Gulf.
For Respondent (as sole junior with Richard Harding QC) in a £12.5m ICC arbitration concerning a sub-contract dispute relating to an airport in the Gulf. Jennie was the sole junior instructed and was responsible for preparing all aspects of the claim.
For Claimant (with Lucy Garrett, Calum Lamont and Gibson Dunn & Crutcher LLP (Dubai)) in a $120m arbitration concerning an EPC project for the construction of a manufacturing plant in the Gulf raising issues of delay, disruption, acceleration, unlawful de-scoping, additional cost and the wrongful deduction of liquidated damages. Jennie was instructed following a last-minute change of counsel and drafted openings and cross examination.
For Respondent (with Richard Harding QC and Lucy Garrett) in $2 billion ICC arbitration arising out of the termination of a hospital project in the Gulf.
For Claimant (with Finola O’Farrell QC and Sam Townend) in a $127million ICC arbitration arising out of an LNG project in Australia.