Chris O'Carroll Principal Associate


Speaks:  English


Primary office:  Birmingham



Chris O'Carroll

Chris O'Carroll helps clients to manage and resolve construction and engineering disputes. Chris draws upon over ten years' experience of handling large and complex construction disputes both in the UK and internationally to advise clients on how to resolve issues efficiently and practically.

His expertise includes dealing with disputes arising under many of the standard forms of construction and engineering contracts and professional appointments. Chris has wide experience of adjudication, arbitration, litigation and mediation and he also undertakes non-contentious construction work.

Chris has also published a number of articles on construction law related topics.

Clients

Contractors and developers in the building and construction sector. Chris has also advised funders, local authorities, social housing providers, employers, tenants, sub-contractors and consultants.

Experience

Levolux A.T. Limited v Ferson Contractors Limited. Successfully acted for the claimant sub-contractor in London High Court proceedings ([2002] BLR 341) and subsequently in the Court of Appeal (Civil Division) in connection with the enforcement of an adjudicator's decision where the inter-linked substantive issues on enforcement concerned withholding, the right to set off against an adjudicator's decision and defendant's obligation to make further payment to the claimant where there had been a (wrongful) determination of the claimant's employment under the applicable GC/Works sub-contract. The judgments in the case have been regularly cited in subsequent cases and commented on.

London & Regional (St George's Court) Limited v Ministry of Defence and Secretary of State for Defence. Represented the successful claimant contractor in London High Court and Court of Appeal (Civil Division) in relation to issues such as certification, capacity and "no loss" arising out of a dispute over the redevelopment of a building in central London.

William Hare Limited v Shepherd Construction Limited; C R Reynolds Construction) Limited. Acting for and advising the defendant main contractor in London High Court proceedings ([2009] EWHC 1603 (TCC)) and in the Court of Appeal (Civil Division) in this widely commented upon case. The substantive issue in dispute concerned the scope and operative effect of a clause in various sub-contacts under which the main contractor argued it was not required to make any further payments to its sub-contractors on a £200 million project for the construction of a retail park and related ancillary works in circumstances where its developer employer has entered into administration.

Supablast (Nationwide) Limited v Story Rail Limited [2010]. Acting for the successful claimant sub-contractor in connection with the enforcement of an adjudicator's decision arising out of the computation of the sub-contractor's final account under a sub-contract for railway bridge maintenance and refurbishment works.

Acting for the successful claimant contractor in connection with a claim and application for the enforcement of an adjudicator's decision and in its defence of a cross application to stay the proceedings pending the outcome of a further adjudication arising out of a contract for the construction of a medical research facility in central London.

Advising a Channel Islands based employer in a claim in the High Court, London under a contract guarantee bond under English law against a Caribbean based defendant.

Representing an insolvency practitioner in a claim in the London High Court in a claim against a US based main contractor for the payment of the balance of an agreed sub-contract sum.

Involved as a member of a six-lawyer team acting for a contractor (as a member of a joint venture) under a bespoke design and construct form of contract in its defence of London High Court proceedings in relation to alleged design and workmanship defects in a waste water treatment works. The value of the claim was in excess of £88 million.

Acting for a firm of architects and its insurer in the defence of proceedings by a property developer in respect of claims based upon the architects' alleged breaches of contract and other duties. The proceedings settled three days before the commencement of a four week trial in the London High Court.

Representing a UK construction company in its defence of ad hoc arbitration proceedings (including subsequent costs assessment proceedings) under English law in which the claimant claimed in excess of £1.7million for alleged defects in the contact works.

Career & Recognition

Filter timeline:
  • 2016

    • Career
      2016
      Gowling WLG (UK) LLP, Principal Associate

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