Lidl Great Britain Ltd (Lidl) v Closed Circuit Cooling Ltd (3CL)
11/04/2024
Exceptions to the requirement to pay a smash and grab award
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I specialise in construction and engineering, advising a wide range of clients within the construction sectors, including contractors, specialist subcontractors, engineers and architects, local authorities and developers.
I work in a wide range of sectors, including infrastructure, housing, student accommodation and office developments, waste and energy and cover all the major forms of contract, particularly NEC, JCT, IChemE and FIDIC, as well as bespoke contracts.
I do a variety of work – from drafting and negotiating contracts, to the project management of legal issues throughout the life of the contract to resolving disputes, usually through settlement, mediation, adjudication or court/arbitration proceedings.
I also give programmes of seminars on topical issues to a variety of trade and professional organisations, including CECA North East and CECA Yorkshire and the Humber, CIOB, and CIHT.
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I have drafted/negotiated contracts for;
- Waste to energy plants
- Factory fit outs
- Groundworks (and piling)
- Student and office accommodation
- Rail infrastructure works
I have assisted with project managing the legal aspects of a project for;
- Utility Framework Agreements
- District heating contract
- Hospital contract
- Port and harbour works
- Defects claims
I have resolved disputes through mediation/settlement discussions relating to the following;
- Roof and piling defects
- Final account claims
- Claims where the contract has been wrongfully terminated
- EU procurement disputes
I have resolved disputes through adjudication/arbitration/court proceedings relating to the following;
- Oil and gas disputes
- Final and interim accounts for hotels, waste to energy plants, road and infrastructure works, utility framework agreements , to name a few
- Structural defects
- Procedural adjudications – smash and grab and also under the NEC ‘deeming ‘ provisions relating to compensation events
- Claims relating to port and harbour works and defects
I recently assisted a developer in relation to a contractor that went into liquidation part way through the build. This involved preparing a new contract for the replacement contractor, dealing with the novation/reappointment of subcontractors, calling on the performance bond and the parent company guarantees, as well as liaising with the funder and prospective tenant. This was not a situation the client has previously encountered and required a substantial effort, negotiation and tenacity on all parts, to get the project back on track and avoid it going into a loss making situation.
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Sarah Wilson and her team were fantastic. I have worked with Sarah for over ten years. She is polite, professional and a great communicator.
Sarah's areas of expertise
- Construction & Engineering Overview
- Advisory
- Construction and Engineering Contracts
- Construction and Engineering Disputes
- Energy
- Energy from Waste
- Biomass
- Estate Management
- Higher Education
- Housing & Regeneration
- Infrastructure
- Highways
- Insurance
- Local Government
- Resources & Waste
- Waste and Energy PPP Schemes
- Litigation & dispute resolution
- TUPE and outsourcing
- Facilities Management
- Data Protection
- GDPR
- Debt Recovery and Recovering Overpayments
- Insolvency procedures and disputes
- Insurance Disputes
- Buildings and contents
- Coverage disputes
- Litigation and Dispute Resolution
- Procurement
- Procurement Litigation
- Challenging the procurement evaluation process
- Procurement clarification
- Professional Negligence