PFI/PPP Construction Disputes Associate/Senior Associate (5+ PQE)

Description

• Advising an Acute NHS Trust in respect of a substantial number of defects found in the passive fire protection of the PFI hospital against which an Enforcement Order had been issued by the Fire Service. Acting for the Trust in an adjudication in respect of the Trust's entitlement to deductions. Guiding the Trust through an assisted negotiation process with a mediator resulting in the settlement allowing for remedial works of the original fire defects and other construction defects and amendments to the Project Agreement to ensure proper incentivisation of performance of obligations in the future.
• Acting for a contractor in a dispute with a joint venture company affecting their entire property portfolio of 13 properties, each subject to a separate LIFT contractual arrangement, requiring the drafting, co-ordination and management of 2 phases of 26 concurrent adjudications, and then 13 adjudications (65 adjudications in total), and resulting in the successful defence of termination notices and the recovery of a 7 figures sum for our client.
• Acting for an authority in examining the impact of the change in environmental legislation on the construction of an energy from waste PFI project, and the contractual responsibility for the capital costs to be incurred as a consequences, which are estimated at £30m.
• Acting for a central government body in successful adjudication win arising from insurance gain sharing provisions in health PFI.
• Advising a contractor to a DBFO contract on claims for delay/ damages arising from delay to commencement of project.
• Advising sub-contractor on waste PFI on deductions made due to special arrangements during COVID.
• Advising a local authority on the expiry of an education PFI for 6 schools.
• Acting for a local authority in successful adjudication win against service provider on an issue of contractual interpretation worth approximately £5 million on a highways PFI worth approximately £730 million.
• Acting for a local authority in an expert determination arising from a claim by the service provider for additional payments under an incentive scheme of approximately £ 1 million under a waste PFI.

Requirements

The successful candidate will have experience of working on PFI/ PPP disputes, alongside wider experience in advising on complex contractual or construction disputes.

"Judith Hopper is an exceptional partner. Very down to earth and able to vary communication delivery to interact with any party at the appropriate level. Judith is excellent at finding a solution to complex issues, even when stakeholders on the same side have differing views and agendas." Legal 500, 2024

The role will be within our construction litigation team, with a focus on contentious and advisory PFI/ PPP work. As our construction team continues to grow, we are looking for an experienced Senior Associate or Director to work from either our Birmingham, Bristol or Leeds office.

We expect the ability to manage their own time efficiently, excellent drafting and legal analysis skills and an ability to liaise effectively with clients.

• A significant Court of Appeal win in relation PFI dispute resolution procedures

Benefits

As a firm we embrace our differences, we act responsibly, now and for the future and we support you to be your best through our hybrid working model and professional development opportunities.

Supported by valued business services professionals, our award-winning and growing legal teams work together to support almost 2,000 organisations with commercial, corporate, property, finance, regulatory, employment and litigation (commercial and clinical negligence) legal and advisory services.

Training + Development

Interview process

Visa Sponsorship

Security clearance