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Sub practice
Sub practice

Construction Disputes

Our experienced construction disputes team is focused on managing and mitigating project execution risk, avoiding disputes where possible, and efficiently resolving disputes when they arise.

We advise employers and contractors on complex, high value disputes arising out of the construction, infrastructure and energy sectors. Our team has specialist experience in:

  • claim management
  • adjudication
  • mediation
  • institutional and ad hoc international arbitration proceedings
  • court litigation
  • commercial negotiations

How our clients benefit

Partnership across the life of a project 

We advise clients at every stage of a project, from the pre-construction phase, through to post-completion acquisition and refinancing.

Our experience of projects and the disputes that arise from them spans a wide range of sectors. These include oil and gas, renewables, petrochemicals, power, mining, transport and infrastructure.

Strategic, efficient and practical advice

Our goal is to help clients mitigate project execution risk and to avoid disputes wherever possible. When disputes do arise, the goal is to resolve them quickly and efficiently in line with our clients’ commercial objectives.

Lean teams and advanced delivery models, including our in-house legal project management team, create significant costs savings for our clients.

Client project risk management training

We offer training on project risk management, sharing case studies and lessons learned from disputes in which we have acted, as well as providing ongoing claims management advice throughout projects.

Specialist construction disputes experience

We act in complex, high value disputes arising from both standard form (eg FIDIC) and bespoke contracts in the infrastructure and energy sectors, including EPC and ‘build only’ contracts.

We have broad experience of the issues that can arise in major construction disputes, including:

  • Extensions of time
  • Disruption
  • Variations
  • Force majeure and changes in law
  • Liquidated damages
  • Disputed bond calls
  • Defective works
  • Additional costs
  • Termination

Our experience

A project company

A project company

A project company in an ICC arbitration relating to the construction of a combined cycle power plant in the Middle East. Claims were valued at around USD150m and included claims for extensions of time and additional costs, as well as a disputed call on a performance bond.
An employer

An employer

An employer in a series of DAB proceedings and an ICC arbitration arising out of the construction of a hydroelectric power project in central Asia.
A major global operator

A major global operator

A major global operator in International Federation of Consulting Engineers (FIDIC) DAB, mediation and International Chamber of Commerce (ICC) arbitration proceedings relating to the expansion of a container terminal in the Middle East.

The claims arose out of the disputed termination of a construction contract and included alleged entitlements to extensions of time, and claims by the employer for its extra costs of completing the works.

A major Middle Eastern company

A major Middle Eastern company

A major Middle Eastern company in various proceedings (including expert determination) concerning defects, force majeure, delay claims, completion issues and disputed change orders for the construction of a refinery in Algeria.
A multinational oil and gas company

A multinational oil and gas company

A multinational oil and gas company on a series of international arbitrations arising from a project for the construction of an onshore liquefied natural gas (LNG) plant and related offshore facilities, involving a combined claim value in excess of USD7bn.
The Sultanate of Oman

The Sultanate of Oman

The Sultanate of Oman in defending a high profile ICSID arbitration claim brought against it by a Korean contractor under the Bilateral Investment Treaty between Oman and Korea. The dispute arose out of a USD2bn oil refinery expansion project in Oman and included a disputed call on a tender bond.
The Kingdom of Saudi Arabia

The Kingdom of Saudi Arabia

The Kingdom of Saudi Arabia in defending an investment treaty claim at the International Centre for Settlement of Investment Disputes (ICSID) brought by a Turkish contractor in relation to a large scale infrastructure project.
The subsidiary of a major energy company

The subsidiary of a major energy company

The subsidiary of a major energy company in ICC arbitration proceedings in connection with the termination of a EUR2bn contract for the construction and installation of a major international pipeline and related onshore facilities. Including the contractor’s claims and certain counterclaims brought by our client, the amount in dispute exceeded EUR1.2bn. The case was settled.
The Kingdom of Morocco

The Kingdom of Morocco

The Kingdom of Morocco in defending an investment treaty claim at ICSID brought by Italian construction company Impresa Pizzarotti, in relation to the construction of a road tunnel. The claim was formally discontinued following a settlement by the parties.