Resolving a range of high-value, complex construction disputes
We operate across every sector of the construction industry. Our team provides construction law and risk management advice in relation to all aspects of international construction procurement. We have a track record for representing parties in substantial and highly complex disputes worldwide.
Considered as one of the most experienced construction and infrastructure disputes teams, Ashurst is acknowledged as a global expert with a strong reputation for being commercial and effective.
The right people with the right experience who understand the industry
Our approach starts with the right core team members – lawyers who speak the language of the client and the language of their engineers. Many of our lawyers have spent time advising on some of the largest construction and infrastructure projects globally.
A dedicated global team
Our dedicated team is able to draw on the combined knowledge and expert skills and experience of our global construction and infrastructure disputes practice having acted on a broad range of disputes. We have a proven track record of working across multiple offices on multinational projects and international arbitrations.
'End to end' project solution for clients
We provide an 'end to end' project solution for clients from procurement, negotiation, contracting and delivery, to risk mitigation, to ultimately adjudication, arbitration and litigation. We recognise that formal dispute resolution is only one aspect of an effective claims management strategy and that commercial delivery of a project is the highest priority.
Our experience includes advising:
- A Project JV on disputed variation, delay, breach of contract and payment valuation claims arising under EPC contracts on a billion dollar arbitration on a major LNG project, including acting in an UNCITRAL arbitration under the pipeline EPC contract;
- On contract management and administration of claims on a significant transport infrastructure PPP, including management of changes, compensation events and claims for extensions of time and acting in ADR processes (statutory adjudication and mediation in relation to an early works package and Dispute Adjudication Board process in relation to the main works);
- The Australian Commonwealth in relation to PPP project disputes involving environmental compliance defects, changes in law and benchmarking issues;
- A contractor in an ICC arbitration (Singapore-seated) concerning claims arising from construction of a chemical manufacturing plant in SE Asia. The claims are long-running, of significant value and relate to whether or not completion and performance guarantees have been achieved;
- A project company in arbitration proceedings in respect of a dispute with a sub-contractor relating to the cost of extension works to an airport in the Middle East;
- A top-100 Saudi company in respect of a multi-million dollar dispute with a multinational communications company arising from a landmark telecommunication infrastructure project. The dispute related to a failure to pay our client for work undertaken and counterclaims for non-performance and damage caused by delay to the project. This matter was settled amicably following a mediation;
- A public transport authority and a rail transport operating company in relation to legal court proceedings against DB Netz AG challenging railway route usage charges of DB Netz AG and claiming repayment of a double-digit million Euro amount;
- A global construction, engineering and mining contractor in a series of complex arbitrations and claims, and related litigation, for the dredging and port facilities on a significant LNG project; and
- In multi-party Court proceedings for TransGrid concerning design & construction defects in a transmission line tunnel.
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