Construction & Engineering
A large part of Rick’s practice involves construction and engineering disputes. He has extensive experience of advising and acting for employers, contractors and sub-contractors in a range of disputes, typically involving complex technical evidence. He also has wide experience of dealing with claims against or involving various different construction professionals including architects, engineers, M&E consultants and quantity surveyors.
He regularly appears in the Technology and Construction Court (TCC).
Rick also has experience of arbitrations, adjudications, construction professional indemnity issues and contribution disputes.
Examples of his cases include:
- Currently acting for the main contractor in a substantial multi-party dispute brought by the Co-operative Group arising from the construction of a warehouse in Rugby. [Co-operative Group v Birse Developments Ltd.] Led by Fiona Sinclair QC.
- Acted for the successful appellant in Aspect v Higgins  EWCA Civ 1541. Led by Fiona Sinclair QC. This was a case which raised an “interesting and important issue” as to when in terms of limitation of action a party, which has paid money to another in compliance with an adjudicator’s decision, needs to issue its proceedings to seek to have the dispute determined in its favour and have the money repaid to it.
- Advised and acted for an Employer in adjudication proceedings brought by its Contractor in relation to the construction of a clause in their contract. Led by Roger Stewart QC.
- Acted for the successful defendant planning consultants in a two week TCC trial in front of Coulson J. Led by Anneliese Day QC. [Elvanite v AMEC (2013) EWHC 1191]. This case develops the growing body of case law surrounding planning consultants. The case also raises interesting issues concerning exclusion clauses (including UCTA), limitation of liability, estoppel, waiver, extensions of time and the correct measure of loss.
- Acting for a building services company providing electrical services in a claim relating to the supply of Busbar trunking systems.
- Acting for one of the largest development teams in the UK in respect of an action pursued by home owners arising from flooding to their property said to be caused by the development of a neighbouring housing estate.
- Acting for a company providing a range of civil, building and mechanical engineering services across the rail network in relation to a claim brought by home owners arising from flooding to their properties said to be caused by relining works to a culvert running through a railway embankment.
- Acted for Gratte Brothers Limited, electrical sub-contractors, in a multi-party and multi-million pound dispute arising from damage caused to a landmark London office building (Bankside 2) caused by a diesel oil spill. Led by Graham Eklund QC.
- Acted for a roofing contractor in a three week TCC trial arising from a major fire at a factory. Led by Graham Eklund QC.
- Acted for a Claimant (Managing Agent of the Property) in a TCC claim arising from various escapes of water from pipework in a residential development in London.
- Acted for the mechanical and electrical sub-contractor in a multi-million pound TCC trial (4 weeks) concerning corroded chilled pipework at Linklaters’ offices in London. Junior counsel to David Turner QC.
- Acted for Assicurazioni Generali S.p.A (Insurers) in a multi-million pound construction insurance dispute arising from damage to the surface of a motorway. Rick was junior counsel to Roger Stewart QC.
- Acted for insurers in defending a claim for a declaration that the avoidance of the contract of insurance was wrongful. The claim arose out of a Trade Contract relating to the construction of a prestigious office in Kent. Led by Roger Stewart QC.