John Hughes-D’Aeth – Chairman
Partner, Engineering, Construction and Procurement, Berwin Leighton Paisner
John is a senior partner in the commercial team within Berwin Leighton Paisner LLP’s Engineering, Construction and Procurement group. He has over 30 years’ experience of advising developers, funders, utilities and public bodies on procurement strategy and drafting and negotiating construction documentation for major building and engineering projects, both in the UK and overseas, with a particular focus on NEC3 contracts. He is recognised in the legal directories as a leader in his field and is the Deputy Chairman of the City of London Law Society’s Construction Law Practice Committee.
John is a regular conference speaker and his articles often appear in the legal and trade press. He was the only lawyer on the advisory board appointed by the ICE to oversee the development of the NEC4 suite of contracts. He has authored, and now maintains, the tendering and procurement section of the Royal Institution of Chartered Surveyors isurv website. He has also been a regular contributor to Practical Law Construction’s blog since its inception in 2008 and is a member of its consultation board.
The Hon. Mrs Justice O’Farrell DBE – Keynote speaker
High Court Judge, TCC
Mrs Justice Finola O’Farrell DBE was called to the Bar in 1983 by Inner Temple and took Silk in 2002. She was appointed as a Recorder in 2007 and made a Justice of the High Court (Queen’s Bench Division) in 2016, assigned to the Technology and Construction Courts, part of the Business and Property Courts.
Prior to her judicial appointment, Mrs Justice O’Farrell DBE had over 30 years experience as a leading barrister in construction, engineering, energy, shipbuilding and information technology cases. She acted regularly as counsel or arbitrator in international arbitrations and is an accredited adjudicator and mediator.
James Stewart – Keynote speaker
Chairman, Global Infrastructure, KPMG
James joined KPMG in May 2011. He is Chairman of KPMG’s Global Infrastructure practice. In the last 6 years James has visited nearly 60 countries to discuss their infrastructure investment plans and marquee projects.
Prior to joining KPMG, James was based in the Treasury as the CEO at Infrastructure UK (IUK). James’ role at IUK included publication of the first UK National Infrastructure Plan, and publication of the Infrastructure Cost Review in 2010.
From May 2000 to December 2009, James was the CEO at Partnerships UK (PUK).
Senior Litigation Lawyer, Siemens
Suber is a solicitor-advocate and head of litigation for Siemens plc (in the UK). Suber joined Siemens in 2005 and manages its disputes across the board which, given Siemens’ diverse operations, means a wide variety of subject matters, including: construction, finance (for Siemens Financial Services), product liability, energy, rail and general commercial disputes. The forum for the disputes span English courts, arbitration, adjudication and other ADR. Suber conducts his own trials and often works on a direct access basis with senior counsel, as well as managing external law firms.
Suber was the lead lawyer and instrumental in the widely commented and ground-breaking case of Eurocom v Siemens where Siemens established prima facie fraudulent misrepresentation on the part of the opponent’s advisors in the nomination and appointment of an adjudicator.
Director, MCMS Limited
Adjudicator | Arbitrator | Mediator | Expert
Jonathan has over 25 years’ experience in the construction industry in both contracting and professional services. He is a fellow of the RICS, the CIArb and the CIOB, and has also been called to the Bar. Jonathan regularly acts as adjudicator, and is on the CEDR, CIArb, CIC, RIBA, RICS and TeCSA UK panels of adjudicators, as well as the Irish Government’s panel of adjudicators. He has also been appointed to act as expert determiner and arbitrator, and is on the RICS panel of arbitrators. Jonathan is also available to act as a dispute board member and is on the Transport for London conflict avoidance panel and the RICS dispute board register. Jonathan has undertaken expert witness work in adjudication, arbitration and litigation proceedings, including the provision of oral evidence both in court and arbitration.
As well as being a director of MCMS Limited, Jonathan is Vice Chairman of the Society of Construction Law and is a member of the Society of Construction Arbitrators, ARBRIX and the Adjudication Society. Jonathan was chairman of the RICS Dispute Resolution Professional Group from June 2011 to June 2013.
Jonathan regularly gives lectures and presentations on construction law and dispute resolution topics in the UK and internationally for organisations such as the Adjudication Society, ARBRIX, CIArb, IBC, International Cost Engineering Council, RICS and the Society of Construction Law. He has also written extensively on dispute resolution, and has had articles published in RICS Journals and Building Magazine. He is also a regular contributor to the Practical Law website (http://constructionblog.practicallaw.com/).
Barrister, Keating Chambers
Tom Coulson was called to the Bar in 2014. He became a tenant at Keating Chambers, following the successful completion of his pupillage, in September 2015.
Tom is familiar with a wide range of contract types, including the various JCT and NEC forms, the RIBA standard forms of appointment, as well as bespoke construction contracts and PFI/PPP agreements. He has represented his clients in court, both at an interlocutory stage and at trial. During his time in Chambers he has also gained experience of the resolution of disputes by arbitration, adjudication, and mediation.
Tom accepts instructions to advise, represent clients, and draft pleadings in relation to a broad range of commercial law matters, with a particular emphasis upon construction and engineering, professional negligence, and public procurement disputes.
Principal Solicitor, Carillion
Katherine is principal solicitor in the in-house legal team of Carillion plc, specialising in construction law. She has 16 years’ experience, currently at Carillion and previously at Pinsent Masons LLP, of advising contractors in the UK and abroad. Katherine’s legal career followed 7 years working as a civil engineer in the construction industry and she still maintains close contact with the engineering world. Katherine advises her internal client on all phases of construction and engineering projects, including procurement, operations and dispute resolution, with her special focus on providing quality legal advice that is also both practical and commercial. Katherine primarily supports Carillion’s infrastructure business and given the preference of infrastructure clients for the NEC form of contract this has led to the NEC also becoming Katherine’s special area of interest.
Stephen Furst QC
Barrister, Keating Chambers
Stephen Furst specialises in construction, engineering, energy, shipbuilding and technology related disputes along with professional negligence actions within these specialist areas of expertise.
He also acts as an arbitrator on domestic and international arbitrations for bodies including the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA). He is also an accredited adjudicator and mediator of considerable experience and has recently been appointed to the DRB for the Forth Replacement Bridge.
He also regularly advises and acts for clients in UK High Courts, arbitrations, action overseas with all forms of alternative dispute resolution. He has a significant international practice with arbitrations relating to projects in Russia, Europe, Kazakhstan, Hong Kong, Korea, Republic of Ireland, Thailand and the United Arab Emirates.
He has developed a reputation for handling the most technically challenging cases and has frequently undertaken highly complex claims in areas such as pipelines, tunnelling projects, power station construction, aircraft design, oil rig design, process plants, ship building and software. His clients include developers, engineers, main contractors, shipyards, UK and foreign Governments.
Stephen Furst is a Deputy Judge of the Technology and Construction Court and Recorder. He is the joint editor of Keating on Construction Contracts.
Senior Editor, Practical Law Construction, Thomson Reuters
Jancyn Gardiner trained at Norton Rose (now Norton Rose Fulbright), qualifying into the construction team in 1995 and becoming a partner in the Construction and Projects Group at Norton Rose in 2003. Jancyn joined Berwin Leighton Paisner LLP as a knowledge development lawyer within their Construction Group in 2006. Jancyn has advised on a wide variety of domestic and international construction projects, spanning diverse regions, including Middle Eastern and European jurisdictions. She has particular experience of the construction and engineering aspects of infrastructure projects and project financed transactions and has acted for developers, contractors, sub-contractors, professional consultants and financiers. Jancyn gained an MSc in Construction Law and Arbitration from King’s College, London in 1998. She is a member of the Society of Construction Law and King’s College Construction Law Association, and joined Practical Law Construction in April 2015.
Barrister, Keating Chambers
Lucy was called to the Bar in 2001. She has an impressive specialist practice in construction, engineering, energy and shipbuilding. Her practice includes claims for and against construction professionals in these sectors and construction-related issues such as insurance, bonds and guarantees. She is familiar with of all the major standard forms, including in particular the NEC. Lucy is counsel of choice for several major contractors, including some whose experience of her began when she was on the other side, and is much in demand as a junior to silks both in and out of Chambers.
Partner, Pinsent Masons
Jon is a partner in the Pinsent Masons project team. He has over twenty-five years’ experience working with clients on construction and major infrastructure projects, including project-financed and non-project financed schemes in the UK and further afield. He has advised on a wide range of different standard forms and procurement models and is a member of the Pinsent Masons specialist NEC advisory group.
Partner, Fenwick Elliott
Claire specialises in the resolution of construction and engineering disputes through all major forms of dispute resolution including litigation, arbitration, adjudication and mediation. She has acted on a wide range of both domestic and international construction disputes including a recent multimillion-pound arbitration involving a nuclear implicated facility.
She recently acted for the National Infrastructure Development Company Limited (a company based in Trinidad) in respect of proceedings brought in the English Commercial Court for summary judgment in the sum of US $58,786,765 against BNP Paribas for amounts claimed under two standby letters of credit.
Director, Blackrock PM
Ewen Maclean is a Director of Blackrockpm’s London office. In particular, Ewen is a prominent expert in the field of forensic schedule / programme analysis; delay and disruption; and associated prolongation costs in relation to construction and engineering projects. He has added value in quantum and design capabilities as a chartered civil engineer and is a Fellow of the Institution of Civil Engineers; a Fellow of the Chartered Institute of Arbitrators; and a Fellow of Forensic Analysis with the Guild of Project Controls.
Ewen has worked for both international consultants and contractors and has first-hand experience of assisting and representing clients in litigation, arbitration, mediation and adjudication, for both claimant and respondent. He has prepared numerous expert witness reports and lectured extensively on various commercial and contractual subjects within the construction industry. Speaking appointments have included domestic and international conferences on a range of topics from delay and disruption methods of analysis to prospective versus retrospective analysis.
Ewen is well versed in many of the standard forms of construction contract including the NEC, FIDIC, JCT, ICE, GC Works Conditions as well as bespoke forms of contracts including PFI contracts and has worked on contracts that span, inter alia, major building including mixed use developments; civil engineering; petrochemical including oil and gas; energy (HEP); airports; tunnelling; mining, mechanical and electrical, pharmaceutical; infrastructure including bridges, highways, rail and guided busways; structural steelwork; and fit-out works.
Partner, Burness Paull
Fenella is the Head of Burness Paull’s Construction & Projects team, one of the largest construction law teams in Scotland. Fenella has been ranked by Chambers and Legal 500 as a leading construction specialist for over 20 years and is listed by Legal 500 as one of only four Leading Individuals in Scotland. Clients praise her for her “astute mind and methodical style” and her “strong sense of direction and leadership”.
Fenella has acted for both the public and private sector on their construction projects in a variety of sectors including PPP/PFI, transport, commercial developments, leisure, housing, renewables and nuclear decommissioning. Her current focus is on dispute resolution for the private sector. Fenella is currently advising on the resolution of high profile Scottish disputes with a value in excess of £100 million.
Alexander Nissen QC
Barrister, Keating Chambers
Alexander Nissen was called to the Bar in 1985 and became a Queen’s Counsel in 2006. He specialises in advocacy and advisory work, adjudication, arbitration, litigation and the mediation of construction, engineering, energy and professional negligence disputes.
Alexander’s practice covers a wide variety of cases ranging from client/developer claims, PFI disputes, and adjudication enforcement to professional negligence cases (architects, surveyors, valuers, solicitors and civil, structural and geotechnical engineers). He deals with both contractors’ and sub-contractors’ claims and defects disputes. His work also covers rail projects, disputes relating to bonds (both domestic and international), power stations and oil and gas projects.
Alexander is a Chartered Arbitrator, an accredited adjudicator and mediator. His arbitration work covers both domestic and international disputes. He has been appointed both through party selection and by the International Chamber of Commerce in Paris. He was appointed as a Recorder in 2007 and as a Deputy High Court Judge in 2013, now authorised to sit in the TCC.
Paul Reed QC
Joint Head of Chambers, Hardwicke Chambers
Paul Reed QC is a leading commercial practitioner specialising in construction, professional liability, property damage and insurance. As well as being a popular and experienced advocate in court and in arbitration, he is also highly regarded for adjudication and advisory work. “A natural choice for big-ticket infrastructure disputes” (Legal 500), he has an extensive domestic and international practice, appearing regularly in the Middle East and the Caribbean as well as other areas. He is recommended by Chambers UK, Chambers Global and Legal 500 for Construction and Insurance as well as Property Damage and International Arbitration by Chambers UK and Professional Negligence by Legal 500.
Barrister, Keating Chambers
Following a change of career, Ben Sareen was called to the bar in 2008. After successfully completing his pupillage he became a member of Keating Chambers in 2009.
A specialist in construction, engineering, energy, shipbuilding, telecoms and related professional negligence disputes, Ben regularly represents clients in the High Court and County Court. He has been instructed in relation to several recent high-profile construction and engineering projects in London, including Wembley Stadium, the Jubilee Line, and the East London Line extension.
He is regularly instructed in domestic and international shipbuilding, engineering and construction arbitrations by both commercial and government clients. He has represented clients in disputes in the Middle East and Europe, including disputes in which the governing law is not English law.
Ben has represented clients in numerous adjudications, including the adjudication that gave rise to one of the leading adjudication cases of 2014, Eurocom v Siemens  EWHC 3710 (TCC), and also accepts appointments as an adjudicator.
Ben is experienced with many major standard form contracts, including the JCT and NEC standard forms, and is a contributing author to Keating on Offshore Construction and Marine Engineering Contracts and Keating on NEC 3.
Fiona Sinclair QC
Barrister, 4 Pump Court
Fiona Sinclair QC is an expert in major energy, construction and engineering disputes, frequently with an international dimension and typically involving complex technical evidence. She won the first ever case on construction adjudication to reach the UK Supreme Court (Aspect Contracts v Higgins Construction, 2015) dealing along the way with new law on declaratory relief and unjust enrichment. Fiona has a wealth of experience in large, multiparty disputes and in the complex issues of contribution, costs and insurance which such disputes engender. Praised in the legal directories for “combining high intellect and commercial mindedness”, being “technically brilliant and a real star”, as well as being “charmingly brilliant with clients” and “a dream to work with“, Fiona was Chambers & Partners’ Construction Junior of the Year 2012, and shortlisted for Construction Silk of the Year 2015 and Legal 500’s Construction and Energy Silk of the Year 2017.
Roger Stewart QC
Barrister, 4 New Square
Roger Stewart QC is a “top rate silk” who “prides himself on sorting the wheat from the chaff and identifying the issues worth pursuing”. Roger has a strong reputation for work in construction-related professional negligence and has acted for major clients in top-level disputes in the UK, Middle East and South America. Singled out for his client-friendly approach, he is “precise, strategic and very user-friendly”. He has twice been awarded the Chambers & Partners Professional Negligence Silk of the Year (2007 and 2010). He is a Recorder and appointed to sit in the TCC.
Partner, Pinsent Masons
Sarah has over 25 years’ experience advising on major infrastructure projects, both in the UK and internationally, focussing in particular on the process sectors (energy, mining, water and waste) and most recently on electricity Interconnectors linking Scotland and Northern Ireland and the UK and France. As such, Sarah has been recognised by the UK Legal Directories and as being recommended both as a water lawyer and as a construction lawyer both by Chambers & Partners and The Legal 500 and is currently ranked in Legal 500 for her work in Mining and Minerals.
Sarah was also listed by Women in Mining as one of the 100 Most Influential Women in Mining in December 2015.
Sarah leads the firm’s FIDIC initiative for its Projects transactional practice and is an established speaker on FIDIC , most recently co-presenting in the firm’s briefings/webinars on the proposed pre – release edition of the new updated FIDIC Yellow Book (Design & Build) form, as well as presenting at the European Institute of Contractors (EIC) General assembly in Florence in April 2016 on recent contracting trends including adopting FIDIC forms.
But as well as the traditional international UK and international standard forms (FIDIC, NEC, IChemE and JCT) Sarah is also familiar with construction & erection, EPC, E&P (Engineer & Procure) and EPCM forms used in the energy and process sectors, as well as frameworks, alliance agreements and mining development agreements. Through her experience working on large mining and water and electricity capital works projects, Sarah is well used to developing bespoke procurement models for large complex and multi-disciplined projects and co authored with Turner and Townsend a publication on the use of EPCMs for mining projects published by Mining Journal in September 2015.
Barrister, Keating Chambers
James was called to the Bar in 2005 and is a specialist in the areas of construction and engineering, energy, technology, infrastructure and related commercial disputes. James is regularly instructed in cases involving complex factual, legal and expert issues in the High Court, as well as in international arbitration. He also has extensive experience of acting in adjudication proceedings, both during the adjudication process itself and at subsequent enforcement hearings. James is also often instructed to represent clients at mediation, and has had considerable success in negotiating settlements through this process.
Noted in the directories as having “a strong international element to his practice”, James is a particularly popular choice for instructions in the Middle East and is a committee member of the Omani British Lawyers Association.
Examples of James’ recent work: acting for the main contractor in a $150 million termination dispute arising out the construction of the world’s largest energy research and development centre, in Saudi Arabia; acting for the main contractor in ICC arbitration arising out of the construction of a power plant in the Caribbean; acting as sole counsel in TCC proceedings relating to the failure of electrical components at commercial premises; acting as junior counsel on behalf of the contractor in high-profile proceedings in the TCC concerning the construction of a busway; acting for the contractor in proceedings before the Dubai World Tribunal concerning a construction dispute on the Palm Jumeirah; acting as junior counsel in a £5 million TCC dispute arising out of the construction of a housing development in the UK.
Partner, Construction & Projects, RPC
David, a partner in RPC’s Construction and Projects team, advises on disputes arising from construction and engineering projects in a broad range of sectors. Since joining RPC as a solicitor in 1999, David has been involved in numerous complex and often high profile cases and has extensive experience of managing cases in adjudication, litigation and arbitration including numerous high value multi-party disputes in the Technology and Construction Court most recently the Accolade Park litigation. The substance of David’s time and focus, however, is spent in trying to find innovative and cost effective solutions to complex disputes outside of traditional formal processes and has represented clients in numerous mediations and other informal dispute resolution processes. Clients also benefit from David’s knowledge of insurance issues associated with the construction sector and has contributed to Insurance Law for the Construction Industry edited by Hogarth. David is also a member of the Society of Construction Law and TeCSA.
Partner, Pinsent Masons
Helen has worked for Pinsent Masons for 20 years based in our London and Singapore offices and has extensive experience of working on international projects. Helen specialises in construction, infrastructure and energy projects and she works with clients throughout the project lifecycle to manage risk, avoid disputes and ensure the best commercial outcome. Helen regularly presents seminars and workshops for clients in relation to various construction issues of relevance to their businesses, and is a current lecturer on the International Masters in Construction Law Course, at the University of Stuttgart.
Helen is experienced in all manner of dispute resolution, and her recent relevant experience includes, acting for a German-Belgian Joint Venture in connection with an off-shore wind farm project, including advising on potential claims to be pursued in DAB or arbitration proceedings (FIDIC Yellow book) and acting for a Dutch Joint Venture in relation to a port project in Central America, including DAB proceedings (FIDIC Red Book).
Assistant Group Legal Counsel, Canary Wharf Contractors Limited
In house counsel specialising in construction law. Andrew deals with contentious and non-contentious matters and currently manages the construction law aspects of the Southbank Place Project in Waterloo, a 1.4m sq ft development adjacent to the Shell Centre Tower and the London Eye consisting of residential apartments, office space, new retail and leisure facilities across a total of seven buildings.