Sarah Dyer

Building/ Fire Safety Disputes

• Long leaseholder - Triathlon, the successful Applicant in first substantive FTT litigation for Remediation Contribution Orders (RCO) under the Building Safety Act 2022(BSA), Triathlon Homes LLP v. SVDP, Get Living plc, and EVML [2024] UKFTT 26 (PC) in respect of building safety defects in the East Village, the former Athletes Village for the London 2012 Olympic Games. Successfully defended Triathlon in the Court of Appeal CA-2024-001256. This is the leading case on RCOs and is pivotal in interpreting the BSA. Acting for Triathlon in defending Supreme Court Proceedings. Estimated cost of fire safety remedial works across the whole estate is in excess of £400 million.
• Developers - defending Building Liability Order claims under the BSA and claims and pursuing supply chain for recovery.
• Developer - advising on communications with MHCLG in respect of the SRT and claims received and recovery strategy.
• Property Owner – advising on recovery for defects in two large residential tall buildings for defects in the facades of the buildings. This has included claims under the Building Safety Fund, claims against the developer and building contractor, insurance coverage issues and appropriate remedial schemes. Successfully negotiated settlement with Developer avoiding the need for formal DRP.
• Student Accommodation Owner of a large portfolio of properties across the UK - advised on claims against developers, contractors and architects in relation to a number of buildings for defects in the facades of the buildings. Issues included limitation, insolvency of original parties and insurance claims arising, compliance with Building Regulations and appropriate remedial schemes and advising on recovery strategy and preparing RCOs.
• SPVs under PFI contractual arrangements – advised on liability for building safety defects.

Rail

• Central Government organisation – advised in relation to major rail infrastructure project in the UK.
• Rail Contractor – advised on extension of time claims in relation to a liquidated damages exposure of in excess of £100 million.
• UK Rolling Stock Manufacturer - advised on variation of contracts relating to the supply of new rolling stock for a UK Train Operating Company, including advice on variations relation to COVID, the introduction of EMAs and ERMAs.
• Arbitration of dispute between JV partners concerning responsibility for defects and delay in relation to the construction of a tram in the UK.
• Rail Contractor - advised on its liability for delays in relation to reopening of London station following overhead line work under the MF/1 (Rev 3) (RT/ 18) form of Contract.
• Rail contractor - defended an adjudication under an NEC Option E form of Contract (with Network Rail standard amendments) concerning the refurbishment of an underground station in London.
• UK JV rail contractor - advised in respect of various disputes under an MF/1 (Rev 3) (RT/18) form of contract relating to a Main Line Power Upgrade Project including disputes concerning extensions of time and entitlements to additional payment for varied works.
• Rail Contractor – advised on disputes under various Surface Station Refurbishment Contracts in respect of a metro under an NEC framework agreement.

PFI and Complex long terms contracts

• UK central government departments – advised on handback process for major PFI projects. This includes advice on all aspects of the existing contract, application of the contract mechanisms including those for the final survey and assessing the condition of assets in the lead up to expiry. Advised DVLA on one of the UK's largest PFI expiries, guiding survey strategy, lifecycle and condition disputes, commercial leverage, variations and handback planning to support a smooth transition and protect operational continuity.
• Authority – advised on 11 DBFO (roads PFIs), including operational support, advising on contractual interpretation of the survey requirements and handback arrangements at an early stage on nine of the projects with a view to avoiding disputes during the handback period and advice on retention accounts.
• SPV – advising on housing PFI expiry.
• SPV – advised in relation to disputes that arose in relation to the Birmingham Highways PFI. Advised on complex high value disputes concerning adjustment default points, payment mechanism and scope of works issues. Represented the SPV at informal without prejudice discussions with the Authority and the Contractor and later at a mediation in an attempt to resolve disputes informally at an early stage before operating the contractual tiered dispute resolution procedure.
• SPV and Operating Contractor – advised on a major PFI housing refurbishment project in respect of several multi million pound disputes with Authority and the Construction Contractor including disputes concerning Compensation Events, Unavailability Deductions (resolved through four contractual adjudications) relating to whether the condition of the properties complied with the Output Specification and various points of contractual interpretation including the effect of the Acceptance Certificate issued at Take Over.
• Authority – advised on disputes in respect of its Schools PFI including in relation to unavailability deductions, football pitches and the heating of the class rooms. Also trained operational teams within the local authority on contractual interpretation of PFI contracts and their operation with a view to dispute avoidance.
• Contractor – advised in respect of disputes that arose under its long term Waste Streets and Maintenance Contract with City Council including advising on issues of misrepresentation and termination.

Oil and gas

• Engineering Contractor – acted in arbitration proceedings brought by its oil major clients, arising out of alleged defects in newly-constructed fuel storage facilities.

Nuclear

• Nuclear decommissioning plant, Eastern Europe – advised on multiple disputes under two construction contracts over a 10 year period including advising on complex points of contractual interpretation and multiple contractual adjudications in relation to ground conditions, scope of works, and extension of time claims. Negotiated and drafted complex variations to the contracts.

Process plant

• International engineering solutions company – acted on Belgian-seated ICC arbitration in relation to a dispute arising out of a project for the rebuild of an industrial facility in northern Europe.

Water

• Water company – acted on TCC claim against its design and construct contractor for breaches of guarantees in respect of the performance of a Sequencing Batch Reactor at a Waste Water Treatment Works arising under the IChemE Red Book form of contract.
• Water company – advised in respect of an unforeseen ground conditions claim under an IChemE Green Book form of contract in relation to a Storm Water Tunnel Project. The claim was against the Project manager/ Consulting Engineer and Ground Investigation Contractor, encompassing litigation, arbitration and was resolved successfully through multiparty mediation.

Construction

• Main contractor - disputes concerning defects and whether completion achieved in the redevelopment of a major market development in London – dispute resolved by adjudication.
• Specialist M&E subcontractor - multiple disputes with main contractor in relation to a JCT contract for the construction of a research and development pharmaceutical facility in the UK. The disputes concerned extensions of time claims, loss and/ or expense claims and a final account claim. During the project the disputes were resolved through 14 adjudications.
• Subcontractor – advising on disputes in relation to the construction of a battery storage facility
• Subcontractor - wrongful termination and damages claim and defending claim for defective works in relation to the construction of a multi storey carpark. Successful Adjudication Decision obtained. Enforcement Proceedings commenced to secure payment ordered in Decision which was achieved shortly before the Enforcement hearing.
• Building owner of landmark building - claims against consultants and contractor in respect of defective glazing.
• Developer - disputes in relation to a major mixed use residential, commercial and leisure development. The dispute concerns defects in relation to the design and installation of the exterior glazing resulting in overheating of the properties and involved pursuing the contractor, architect and engineer. Dispute resolved through settlement negotiations.
• Major UK main contractor - pursuing claims arising out of a project to deliver new court buildings.
• Contractor - two substantial multi-party actions arising out of the alleged incorporation of defective concrete into a multi-storey car park.

Reported cases

• Triathlon Homes LLP v. SVDP, Get Living plc, and EVML [2024] UKFTT 26 (PC); CA-2024-001256
• Bovis Lend Lease Limited v Cofely Engineering Services [2009] EWHC 1120
• Yorkshire Water Services Ltd v Taylor Woodrow Construction Northern Ltd (No 3) [2004] EWHC 1660 (TCC)
• Plant Construction v Clive Adams Associates and JMH [1999] All ER (D) 1471
• Department of National Heritage v Steensen Varming Mulcahy 60 Con.L.R.33; [1998] C.I.L.L. 1422
• Condor (UK) Limited v Seward Wyon (unreported TCC summer 1997)