Construction disputes

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. We work with market-leading transactional colleagues in projects, construction and infrastructure, who are experienced in the world’s most challenging and innovative projects.

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 cost savings for our clients.

Client project risk management training

We offer training in 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 (e.g., FIDIC) and bespoke contracts in the infrastructure and energy sectors, including EPC, EPCM and alliancing contracts. 

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

• Extensions of time
• Disruption
• Variations
• Force majeure and changes in law
• Liquidated damages
• Disputed bond calls
• Defective works
• Additional costs
• Termination
• Unforeseen ground conditions
• Overpayment and cost recovery claims

Representative matters 

• 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 USD7 billion. We achieved a global settlement in our client’s favor.
• A Middle Eastern employer in two ICC arbitrations in relation to the construction of a refinery expansion and power recovery project against its main contractor, involving claims and counterclaims in excess of USD1.3bn. We negotiated a settlement for only a small fraction of the amount claimed.
• 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 offshore facilities. The amount in dispute exceeded EUR1.5bn. The case was settled.
• An international joint venture, as claimant in an ICC arbitration against Qatari Railways Company arising from the termination of a contract for the design and build of two of Doha Metro’s flagship stations. Qatari law applies. A final award was issued, ordering the respondent to pay EUR315 million to our clients.
• A government-owned investment company in an ICC arbitration relating to the disputed termination of a long-term sponsorship agreement and the redevelopment of a major European sporting venue. We were successful in defending our client against all the claims brought against it, which were valued at more than EUR400m.

• A multi-billion Euro ICC arbitration arising out of the delayed and disrupted construction of a 1,600MW nuclear power plant (NPP) in Europe involving issues relating to the engineering, licensing and construction of the NPP. We assisted the parties in settling the disputes and restructuring the project to allow the completion of the works and commencing of operations.
• A consortium of international contractors, in an arbitration related to a major airport project with more than USD1bn at stake. The case involved delay analysis of multiple milestones and areas of work across the project site. Our client was awarded 100% of its claimed extension of time to the completion date, extensions of time to all of its interim milestones, and significant prolongation and disruption costs, as well as legal costs.

• A joint venture of IOCs and NOCs in respect of project execution issues, claims and disputes arising out of a USD15bn+ onshore LNG processing facility in North America. We have helped the client to develop strategies to accelerate the works, mitigate delays, and develop defenses to claims, and also advised in interim dispute resolution procedures.