Barristers at Keating Chambers have considerable expertise in marine construction in the offshore sector and technical marine engineering matters, and they are instructed to advise in many international shipbuilding disputes (acting for or against many of the major shipyards across the globe). Many of the issues in offshore construction and shipbuilding are the same faced by any complex construction contract and, as construction specialists, members of Chambers offer a different perspective on offshore construction cases to general commercial practitioners.
Our members have experience of acting directly with owners and yards as well as accepting instructions in the traditional manner, and are often involved in the very early stages of the dispute when tactical and commercial considerations concerning claims, rights and remedies, and termination are paramount. Members are familiar with the standard forms of contract used including FIDIC, LOGIC, BIMCO, CMAC, AWES, the Norwegian Shipowners Association, and the SAJ.
Types of disputes
The nature of such disputes is wide-ranging, encompassing delayed delivery and defects claims, actions for delivery up, calls on bonds, liens, arrests and related insurance and professional negligence matters. Hand in hand with construction disputes, we are increasingly instructed in relation to operational matters, for example delayed drilling operations, dredging disputes, land reclamation and hydrocarbon extraction.
Members’ experience extends to many types of vessels, from cargo tankers to super yachts. Barristers work regularly on disputes relating to vessels destined for the oil and gas industries such as FPSOs and jack-ups, semi-subs and drillships. Other cases members have been involved in include dredgers, cable laying barges, military personnel carriers and regular ferries. They also have “noteworthy expertise in claims relating to offshore wind farms” and lead the field in the recent proliferation of disputes concerning their construction and operation.
Offshore Construction
All projects involving the design, construction, refurbishment and decommissioning of offshore vessels, plant and machinery including:
- Oil and gas drilling and exploration vessels such as:
- Jackup rigs
- Drillships
- Semi-submersible platforms
- Oil tankers
- Survey vessels
- Process vessels
- Offloading buoys
- Other vessels such as:
- Naval vessels
- Submarines
- Container ships
- Dredging vessels
- Fishing vessels
- Cruise ships
- Yachts
- Other offshore construction such as:
- Windfarms
- Pipelines
- Harbours
Common issues include:
- Design defects and/or professional negligence
- Workmanship defects
- Variations
- Commissioning and sea trials
- Certification
- Late delivery and extensions of time
- Termination
- Contract and Other Damages
- Choice of Jurisdiction and Law
- Dispute resolution including:
- Adjudication
- Expert determination
- Arbitration
- Arbitration appeals
Thought Leadership
Members of Keating Chambers’ are renowned thought leaders and often contribute to the development of technical knowledge through publishing authoritative texts, delivering webinars and lectures, and taking part in high-profile legal conferences worldwide. Their experience and expertise in this field has led to the publication of the pre-eminent textbook in the field, Keating on Offshore Construction and Marine Engineering (third edition published September 2024).
