Paul Cowan

Paul Cowan is recognised as a leading practitioner in construction matters. He has over 20 years of experience in national and international construction practice, advising on many of the world’s largest and highest-profile projects.

In terms of his international experience, Paul has advised and represented clients in relation to projects all over the world, with extensive experience in civil law jurisdictions. Alongside this, Paul retains a high profile in relation to UK construction law practice.

In 2020, Paul was appointed to the Attorney General’s A Panel of civil counsel to the UK Government and has been advising and representing Government Departments and Agencies in respect of a variety of high-profile projects and disputes, including in litigation, arbitration, adjudication and mediation.

Paul has been shortlisted for ‘Junior of the Year’ at the Legal 500 Awards in the Construction and Energy category (2025) and was shortlisted for the ‘Construction Junior of the Year‘ (2023) award by Chambers & Partners UK.

“Paul has a brilliant mind and he is formidable on his feet.” – Legal 500

“Paul is able to get to the root of complex, legal issues quickly and provides clear, concise and also pragmatic advice.” “He’s very innovative in his ideas and a good thinker.” “He has exceptionally good attention to detail.” “He works tirelessly to achieve the best outcome for the client.”  “The most prepared barrister I’ve ever come across. He’s really very good.” – Chambers & Partners

“By far the best in his class and our absolute go-to. I cannot speak highly enough of Paul.”  “Exceptional on paper, and equally outstanding on his feet. Analyses every detail forensically and finds angles others do not see.”  “Robust, clear and strategic – a real fighter who loves to get into the detail and argue a point convincingly.”  “He gets into the detail in a way few other counsel can.” – Legal 500

Originally qualified as a barrister, Paul also qualified as a solicitor and practised (as a partner) in the Construction and International Arbitration practices of White & Case LLP.

Paul also sits as an arbitrator, including current major ICC proceedings in international construction and power sector disputes around the world.

Construction disputes

Paul’s primary experience is in relation to construction disputes and claims, in which he is a career-long specialist. Paul has successfully advised upon and represented clients (including employers, main contractors and specialist sub-contractors) in numerous complex delay / disruption claims, as well as defects claims in design and / or workmanship disputes, and other construction-related disputes. Paul has a practical ‘hands on’ approach, engaging with the project personnel and documentation, understanding the technical issues involved and the key details from the project documentation, from which he has prepared detailed claim and / or defence documents and written submissions and provided a strong basis for the cross-examination of the relevant witnesses.

Paul has also made extensive use of procedural innovations in order to get to the heart of complex disputes more quickly than would otherwise be the case. In particular, reflecting his long experience and specialism in delay claims, Paul was lead counsel responsible for identifying key issues for early determination and succeeding in using them to establish new principles for how extensions of time should operate in construction contracts subject to English law before the High Court and Court of Appeal in England in recent litigation concerning the delays and defects in the design and construction of the Rolls Building of the High Court in London (Carillion v EMCOR). In another example, Paul advised and represented UK Government in a successful strike out of a claim brought by a developer in relation to the post-Grenfell developer’s remediation contract (Redrow v DLUHC).

In recent years, Paul has been active in and out of Court, including advising and representing clients in defence of multiple major claims under the Defective Premises Act, as well as contractual claims relating to allegedly defective cladding systems in numerous adjudications and subsequent litigation, following up on his successful representation of clients in post-Grenfell claims in 2018 and 2019 (e.g. obtaining early dismissal of a major claim in Portsmouth CC v Prater).  In addition, Paul appeared before the TCC in significant reported cases concerning important legal issues, including how contractual limitation clauses can impact on tortious duties of care assumed by professionals (RSK v Hexagon), and obtaining stays and security for costs, and enforcing a sale order against Grade 1 list residential property where a claimant sought to re-litigate matters already decided in a construction adjudication (Kew Holdings v Donald Insall Associates).

Alongside this, Paul has successfully advised and represented clients utilizing the Part 8 procedure in the TCC in order to obtain quick determination of issues that had been wrongly decided in adjudication, and thereby prevent enforcement against them (Willow Corp Sarl v MTD Contractors Ltd).

In addition to his work as counsel, Paul also sits as an arbitrator, including current appointments to ICC tribunals relating to power projects.  For example, during 2020, Paul concluded a major ICC arbitration (sitting as arbitrator within a panel of three) with the issue of an award in respect of claims concerning the delayed construction of a hydro-power project in South America.

Paul is a member of the JCT Council and the Chairman of the JCT’s Construction Dispute Resolution Group in the UK.  At his initiative, and with his close involvement, the JCT has developed dispute board procedures for UK construction disputes which will import international best practice into domestic construction dispute resolution (publication expected 2021, jointly between the JCT and Chartered Institute of Arbitrators).

Paul is also a long-standing member of the City of London Law Society’s Construction Committee (in which he co-authored the standard form of novation agreement and associated guidance notes).

Main forms of contract

Paul has long experience advising on the principal standard forms of construction contracts used in national and international projects, notably the JCT suite of standard forms used in the UK (in respect of which, Paul has been a member of the JCT Council for approximately 20 years), the NEC forms, and the FIDIC forms of contract, as well as numerous bespoke contracts and construction agreements relating to all forms of construction procurement (from turnkey EPC, design and build, traditional procurement, through to construction management forms), as well as associated bonds and guarantees.

Sector experience

Paul has advised on projects across many different sectors of industrial and commercial activity, with a strong emphasis on major delay and design / workmanship disputes arising from large infrastructure projects, such as new-build nuclear power plants, hydro-power projects, large-scale oil & gas projects in the Middle East and North Africa, high-speed rail and urban rail projects, plus other large infrastructure projects. He has also advised on many high-profile public projects, including acting as project and disputes counsel during the redevelopment of the Royal Opera House in London, the construction of a Home Office immigration detention centre (and its subsequent destruction by fire), as well as defence-related projects, hotel projects and other commercial construction developments.

International Arbitration

In addition to his long experience in UK construction disputes, he has over 20 years of experience in international construction practice, advising on disputes arising from many of the world’s largest and highest-profile projects in many countries around the world, with extensive experience in civil law jurisdictions.

Paul has wide experience representing clients and appearing as counsel in international arbitration hearings, including in ICC, LCIA, UNCITRAL and ad hoc arbitrations, with seats of arbitration in London, Paris, Stockholm, Miami and elsewhere and around the world.

Paul is also active among the community of international arbitration and construction practitioners, including organizing and participating in major international arbitration symposia for the ICC in London in 2009 and 2013, as well as regularly attending and speaking on specialist construction law topics at the annual International Bar Association conferences (including in Tokyo in October 2014, Vienna in October 2015, Washington DC in September 2016, Sydney in October 2017, and Rome in October 2018).

Major Projects

Paul is known for his long-term and detailed involvement in major projects and disputes, developing strong relationships with the parties, and deep understanding of the technical issues and subject-matter which has been key in their successful resolution. For example, over a period of more than ten years, Paul  had a central role advising (in detail and on a day-to-day basis) the Finnish owner-utility company, TVO, in respect of one of the world’s largest disputes arising from very large delays and cost overruns on the Olkiluoto 3 nuclear power plant in Finland, and as lead counsel in the ICC arbitration proceedings that followed.

Professional / industry activity

Paul is activity engaged in relation to numerous industrial and / or legal organizations and societies. For many years, Paul been a member of the JCT Council and Chair of its Construction Dispute Resolution Group, and has been a member of the Construction Committee of the City of London Law Society (in which he co-authored the standard form of novation agreement and accompanying guidance note. Paul is also a member of the Society of Construction Law and TECBAR.

In relation to international construction, Paul has arranged and participated in several ICC international symposia on a variety of subjects: for example, in 2013, Paul organized an ICC symposium on the use of Dispute Boards in international construction projects, sharing the platform with well-known figures such as Chris Seppälä, Prof. Antonio Crivellaro, and Sir Vivian Ramsey. Paul also attends and speaks at International Bar Association conferences in relation to international construction law has also actively participated in conferences of the International Nuclear Law Association and given seminars for the Society of Construction Law (in the UK and the Gulf).

Particular project and dispute experience includes:

• Extensive experience in relation to major cladding disputes, including acting for the UK Government in the litigation relating to the Grenfell Tower fire, successfully striking out a developer’s claim under the new developer’s remediation contract, as well as successfully representing numerous clients defending claims in respect of alleged defective cladding / associated fire safety issues.
• Advising and representing clients in a variety of defence-sector projects, including new facilities, naval design and construction, and aerospace matters.
• Sitting as arbitrator in ICC proceedings relating to the delayed construction of a new photo-voltaic power plant in Africa.
• Uniquely extensive and detailed experience advising in respect of the design and construction of ‘new-build’ nuclear power stations, and leading the advocacy in the ICC arbitration proceedings in respect thereof (appearing opposite some of the world’s leading international arbitration practitioners);
• Counsel in ICC arbitration proceedings in respect of various disputes arising from delays in the construction of a new high-speed rail line in Asia.
• Appearing as counsel in various Court proceedings successfully utilizing CPR Part 8 procedure to obtain quick determination of key issues that were wrongly decided by an adjudicator, and thereby preventing enforcement of adjudicators’ decisions.
• Appearing as counsel in Court proceedings to ensure due enforcement of significant adjudication decisions, including securing a stay of litigation proceedings that sought to re-litigate the dispute before payment was made, as well as obtaining orders for security for costs, as well as for obtaining and enforcing judgment against a sale order over a Grade 1 listed residential property.
• Advising and appearing as counsel for consulting engineers in TCC proceedings in relation to allegations of defective ground improvement works (vibro stone columns) claimed to have caused subsidence, raising numerous novel issues including the actual scope of services agreed and performed vs. ex post facto deed of appointment, involving substantial claims and numerous other parties.
• Acting as Counsel in UNCITRAL arbitration proceedings in respect of disputes arising from the construction of a hydroelectric power plant in South America (including advocate in all procedural and substantive hearings);
• Sitting as arbitrator in ICC arbitration proceedings relating to the construction of a hydroelectric power plant in South America.
• Lead counsel (appearing opposite multiple KCs for the claimant and other parties) in Carillion v EMCOR, English litigation featuring rulings from the Technology & Construction Court (2016) and Court of Appeal (2017) on the correct operation of extensions of time in delay disputes, including in multi-party disputes.
• Counsel in multiple post-Grenfell cladding defects claims, including successfully representing the defendant contractor to have the claim dismissed by the TCC in Portsmouth City Council v Prater (2018), as well as successfully defending design & build contractors against very substantial claims relating to alleged defects in the cladding of high-rise residential properties. Numerous such claims involving issues arising from the Defective Premises Act 1972.
• Providing advice and conducting UK arbitration proceedings in respect of design and workmanship defects disputes arising from the construction of a new government agency headquarters in Bristol;
• Providing advice and conducting multiple adjudications in respect of disputes concerning the design and construction of a new UK government immigration detention centre and its subsequent destruction by fire;
• Advising in respect of disputes arising from the redevelopment of the Royal Opera House, and the renovation works at the Royal Albert Hall;
• Advising on forms of contract and drafting, and providing project execution advice on problems, disputes and claims arising from the construction of an oil & gas production facility in Algeria, as well as the formulation of an alternative dispute resolution mechanism to facilitate faster commercial settlement of claim issues;
• Advising and adjudicating in a dispute arising from the construction of luxury residential property in West London;
• Advising and adjudicating in multiple disputes arising from the renovation and hotel conversion of a UK country manor house;
• Advising and adjudicating in a dispute arising from the design and construction of a new golf course and club house in the UK;
• Providing pre-arbitration advice in relation to disputes arising from the construction of a gas production facility in North Africa;
• Acting as Counsel in ICC arbitration proceedings in respect of disputes arising from land remediation works in Lebanon;
• Advising on disputes arising from the construction of a phosphoric / sulphuric acid plant in Jordan;
• Litigation in respect of the Jubilee Line Extension project for the London Underground; and
• Advising in respect of disputes arising from the construction of a new concert hall in Suffolk, UK.
  In addition to disputes advice, Paul also has extensive experience advising on project development, contract drafting, and dispute avoidance including the following:
• Leading the JCT’s drafting of dispute board procedures as a new standard form model of dispute avoidance and resolution for the UK construction industry (being published 2021);
• Advising on contract drafting and risk allocation relation to the Hinkley Point nuclear power plant project in the UK;
• Advising on contract drafting and dispute avoidance in respect of a major extension to a LNG terminal in the UK;
• Leading the drafting and negotiation of a major new bridge crossing over the Niger delta, Nigeria;
• Negotiating component contracts in respect of an international gas pipeline project across northern Europe;
• Advising, negotiating and drafting in relation to the redevelopment of the Royal Opera House, Covent Garden;
• Negotiating and drafting building contracts and appointments for various office developments in the City of London, including utilizing two-stage tendering design and build contracting, guaranteed maximum price mechanisms and profit-sharing procedures;
• Negotiating, drafting and advising in respect of a new company headquarters building in Folkestone, UK.

Paul is also very active in the international arbitration community, including organizing and participating in major international arbitration symposia for the ICC in London in 2009 and 2013, as well as the International Bar Association.  This was reflected in Global Arbitration Review’s coverage of Paul’s move in May 2014 from White & Case LLP to 4 New Square.

Paul also has a great deal of experience advising clients on the drafting and negotiation of construction-related contracts (assisted by his wider experience of disputes and how these can develop from the original preparation of the contract documentation).

Particular project development experience includes:

• Leading the drafting and negotiation of a major new bridge crossing over the Niger delta, Nigeria;
• Negotiating contracts in respect of an international gas pipeline project;
• Advising, negotiating and drafting in relation to the redevelopment of the Royal Opera House, Covent Garden;
• Negotiating and drafting building contracts and appointments for various office developments in the City of London, including utilizing two-stage tendering design and build contracting, guaranteed maximum price mechanisms and profit-sharing procedures;
• Negotiating, drafting and advising in respect of a new company headquarters building in Folkestone, UK; and
• Negotiating, drafting and advising in respect of school, hospital and prison PFI projects.

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