Existing Structure Risk: a cautionary tale
From the English courts, Katherine Butler provides a cautionary tale about drafting suitable contract provisions to deal with ground conditions and existing structures.
Katherine Butler
Senior Associate
Katherine has experience of both domestic and international construction and engineering disputes and advises both contractor and developer clients.
Specialist expertise
Examples of Katherine’s expertise include:
- acting for a joint venture in respect of various disputes referred to a Dispute Adjudication Board regarding a European road project under FIDIC Yellow Book;
- acting for various Tier 1 contractors regarding claims under the Building Safety Act 2022;
- acting for Main Contractor regarding a defects claim in adjudication, under NEC3 Option C, for the construction of a bridge in Dorset;
- acting for the Main Contractor on two separate but related international arbitrations under the Danish Institute of Arbitration rules in respect of UK based biomass electricity plants;
- acting for professional team client on large scale adjudication concerning payment claims under an NEC4 Professional Service Contract;
- various instructions for project advisory work in respect of large scale renewable energy and desalination plants in the Middle East;
- acting for the main contractor in injunctive proceedings in the TCC in respect of our client’s call on a performance bond;
- acting for Main Contractor in high value adjudication concerning delay and defects, under NEC4 Option C, regarding a water treatment works;
- acting for the Employer on various adjudications concerning disputes for extensions of time and loss and expense on student housing developments;
- acting for FM Contractor under a PFI contract on a long-standing dispute (including an adjudication) concerning maintenance delays, primarily related to fire safety assets;
- professional negligence dispute between Ove Arup and Persimmon Homes (and others) that was dealt with via preliminary issues which were ultimately heard by the Court of Appeal;
- acting for the Employer on a long running dispute in adjudication (and enforcement) concerning detailed matters on delay and entitlement to liquidated damages in respect of a luxury retail development in Birmingham;
- acting for the Employer in a long-term dispute in the TCC between Heerema Hartlepool Ltd and Neptune E&P UK Ltd (formerly Engie E&P UK Ltd) concerning the fabrication and delivery of offshore gas platforms; and
- various final account, delay and defective work adjudications on behalf of contractor clients.
Memberships/positions
Katherine’s memberships/positions include:
- Treasurer and council member for the Society of Construction Law;
- member of the Worshipful Company of Constructors;
- member of the Technology and Construction Solicitor’s Association;
- member of the Adjudication Society; and
- member of the National Association of Women in Construction.
Academics
Katherine’s academic achievements include:
- The Society of Construction Law Prize for the Best Overall Graduate, King’s College London (2020);
- The Society of Construction Law Prize for the Best Dissertation, King’s College London (2020); and
- The Bickerdike Allen Partners Prize for Performance in First Year Examinations, King’s College London (2019).