7KBW has expertise in heavyweight litigation and arbitrations in all manner of disputes arising out of construction contracts. Members accept instructions to appear in the Technology and Construction Court, Commercial Court, and in international arbitrations, in cases involving English or foreign law.
We have experience in managing cases throughout all stages of a construction dispute, across any mainstream onshore engineering, utilities, and infrastructure claim, as well as offshore construction and marine engineering disputes, especially those including FPSO’s, drillships, and oil rigs.
We are specialists in all areas of contract law, including bespoke and standard form construction contracts, including FIDIC, JCT, RIBA, NEC and ICE, amongst others. Members have a deep understanding of complex construction disputes in a range of sectors, including energy and natural resources, and have been instructed on an array of projects, including energy plants, dams, docks, mines, factories, pipelines, railway and tube lines, windfarms, aircraft runways, processing plants, housing and apartment blocks. Members are experienced in a wide range of construction disputes, from delay and disruption claims including critical path analyses, to defects cases, disputed variations, copyright claims, and final accounts.
In addition, Chambers is particularly specialist at handling shipbuilding disputes, both in domestic and foreign arbitrations, and in the High Court, or on appeal. Members are well-versed in the full range of issues that typically arise out of contracts based on the foremost standard forms, such as the Shipbuilders’ Association of Japan (SAJ) and Association of West European Shipbuilding (AWES) forms.
Chambers also has an established and thriving practice in yacht building disputes, including those relating to the finance, construction and purchase, of superyachts. Chambers is presently handling disputes in arbitration and Court involving some of the largest and most expensive superyachts ever built. Members also regularly advise and assist buyers and shipbuilders of superyachts during the pre-contractual phase and are familiar with the structure and content of standard form contracts used by most yards.
We work with owners, yacht builders, yards and suppliers. Leading law firms have recommended us in this area, as well as brokers, family offices, project managers, captains and marine engineers.
Gavin Kealey QC
Timothy Saloman QC
Jonathan Gaisman QC
Dominic Kendrick QC
Alistair Schaff QC
Stephen Hofmeyr QC
Adam Fenton QC
Stephen Kenny QC
Richard Southern QC
Robert Bright QC
David Bailey QC
David Edwards QC
Julia Dias QC
David Allen QC
S J Phillips QC
Siobán Healy QC
Peter MacDonald Eggers QC
Andrew Wales QC
Rebecca Sabben-Clare QC
Richard Waller QC
Jawdat Khurshid QC
N G Casey
Shanghai Shipyard Co Ltd v Reignwood International Investment (Group) Company Limited  EWHC 803 (Comm) The Commercial Court (Knowles J) has handed down judgment in a preliminary issues trial concerning the proper characterisation of a shipbuilding guarantee: Shanghai Shipyard Co Ltd v Reignwood International Investment (Group) Company Limited  EWHC 803 (Comm). The principal issue […]
 EWHC 1056 (Comm) David Bailey QC and Jessica Sutherland acted for the successful defendant in this section 45 application under the Arbitration Act 1996. As the Judge (Mr Justice Males) commented: “this section is relatively little used but, as this application shows, it has a useful role to play.” The question of law was […]
 EWHC 253 (Comm) Stephen Hofmyer QC and Gavin Geary were instructed on behalf of Korean shipbuilders, STX O&S, successfully resisting a claim for about $180 million in this Commercial Court trial. In April 2013 STX&OS entered into an Option Agreement with Teekay Tankers, providing for the construction and delivery of, in Teekays’ option, up […]
 EWCA Civ 1041 In Leslie v Farrar Construction Ltd, the Court of Appeal has considered the scope of the defences available to a claim for restitution of mistaken payments. The case concerned a joint venture for the development of property. Following the repudiation of the agreement by the funder, the parties made various claims […]
 EWHC 58 (TCC) Two-week trial in the TCC concerning a dispute over a joint venture to develop sites in the north of England. Together with Simon Myerson QC, Michael successfully defended a claim in unjust enrichment for £1.2m and recovered substantial damages for lost profits. Michael is also instructed in the appeal for which […]
On 15 October 2013, Lord Mance delivered the judgment of the Privy Council in General Construction Limited v Chue Wing UKPC 30. This was an appeal from the Court of Civil Appeal of Mauritius and, importantly so far as that jurisdiction and similar jurisdictions influenced by French law are concerned, established the general principles to […]
On 15 October 2013, Lord Mance delivered the judgment of the Privy Council in General Construction Limited v Chue Wing  UKPC 30. This was an appeal from the Court of Civil Appeal of Mauritius and, importantly so far as that jurisdiction and similar jurisdictions influenced by French law are concerned, established the general principles […]
 1 Lloyd’s Rep. 255 To view the judgment please click here.
 EWHC 1718 (TCC) Appearing as sole junior to Anneliese Day QC in a two-week trial in the TCC concerning allegations against surveyors and engineers. Successfully defended the claim. To view the judgment please click here.
 EWHC 1859;  5 Costs L.O. 746 Following the successful defence of an action at trial, Michael and Anneliese Day QC secured an order for indemnity costs against the claimants. To view the judgment please click here.
Swallowfalls Ltd v Monaco Yachting & Technologies and another References:  EWHC 2057 (Comm),  EWHC 3616 (Comm) and  EWHC 236 (Comm) This is the “Nat Rothschild Super Yacht Dispute”, referred to in a Sunday Times report dated 28 October 2012 as follows: “The billionaire financier Nat Rothschild is at the centre of a […]
In this case Stephen succeeded in setting aside an injunction obtained ex parte by Stellar Shipping restraining Cosco from selling a 79,000 dwt bulk carrier to a party other than Stellar Shipping. Stellar Shipping and Cosco had entered into a shipbuilding contract for the construction of the ship with a sale price of US$49.8 million […]
LMAA arbitration between Korean Shipyard and Norwegian shipowners (2010): Arbitration concerning allocation of risk of loss for physical damage under conversion contract.
 131 Con. L.R. 94 Andrew Wales led Sarah Martin for the employer in an arbitration application relating to a construction dispute under the NEC Engineering and Construction Contract, 2nd Ed. 1995. The issues concerned whether there had been valid service of an arbitration notice within time; whether the provision for adjudication before arbitration fell […]
David Bailey Q.C. leading Alexander MacDonald – LMAA arbitration between German Shipyard and six purchasers (2009-ongoing): Acting for a German shipyard in connection with a high profile dispute concerning the construction of 6 ‘mega-yachts’, and successfully obtained a preliminary award concerning an outstanding instalment.
 Lloyd’s Rep. PN 23 Julia Dias QC – Whether duty of care owed by structural engineer to design and build contractor; whether duty breached
 EWHC 16 (Comm)
 2 Lloyd’s Rep. 227;  2 All ER (Comm) 385 Dominic Kendrick QC – Shipbuilding contract – Default – Possession – Contract for building a drill-ship – Delays in completion and delivery – Builders tendered delivery – Owner alleged default by builders – Owner took possession of vessel and completed her elsewhere – Whether […]
 1 Lloyd’s Rep. 367 David Edwards acted for Japanese purchasers of three new-build bulk carriers seeking to recover against the shipyard in respect of serious welding defects Shipbuilding contract – Exemption clause – Construction – Builders contracted to build three bulk carriers for buyers – Guarantee period expired – Allegations of defects in erection […]
 1 Lloyd’s Rep. 306 Dominic Kendrick QC – Charter-party (Time) – Due diligence clause – Construction – Vessel damaged by fire at berth – Dispute referred to arbitration – Arbitrators found berth unsafe and breach of safe berth warranty – Challenge to arbitrators’ approach to due diligence clause
 1 Lloyd’s Rep. 139 Dominic Kendrick – Charter-party (Time) – Off-hire – “Other causes” – Interference of authorities – Construction – Vessel delayed by port authority because of presence remaining on board of residue sweepings – Whether vessel “off-hire” by reason of “any other cause” – Whether authority’s reaction was ejusdem generis to named […]