Harrison Drury | Construction Expertise | Our Construction Team

Our Expertise

At Harrison Drury, we take pride in offering an all-encompassing service that delivers for our clients at every stage of construction projects.

Our dedicated and highly experienced construction legal team is well-versed in all aspects of both non-contentious and contentious construction law, navigating the intricacies and nuances of bespoke and industry standard construction contracts and security documentation. Our team is able to provide invaluable assistance in key areas which are essential to the success of your project from the procurement phase through to project management, dispute avoidance and dispute resolution.
Our team of dedicated construction lawyers together with a construction specific support team provide a full service of non-contentious and contentious construction services.

We provide tailored solutions with services personalised to meet the specific needs of each construction project.

Our team is proficient in handling various industry-standard forms to ensure you are legally compliant as well as proactively identifying and addressing potential risks and issues before they escalate.

Our team provide the best of both worlds with the highest levels of legal expertise delivered by professional, accessible and helpful lawyers who will form an extension of your team to make it possible for you to bring your construction projects to the desired conclusion.

Our specialist construction lawyers work in parallel with the firm’s large real estate team and specialist property litigation teams to provide a fully comprehensive service to clients across all areas of commercial property and real estate.

Our Construction Team

Katherine Sibley - Partner and Head of Construction

Katherine has over 20 years’ experience as a specialist construction and engineering lawyer. Katherine joined Harrison Drury in 2023 and set up the construction department which she heads up. Katherine is a skilled contentious and non-contentious lawyer acting for a wide range of clients.

On the contentious side, Katherine has experience of running, managing and defending multimillion pound, multi-party construction and engineering disputes both through ADR including adjudication and arbitration and in the Technology and Construction Court (“TCC”).

Katherine acts for contractors (main, subcontractors and fit-out contractors), developers, professional consultants (architects and engineers). Katherine is skilled in offering advice on contract management and dispute avoidance to help clients to achieve early settlement of disputes.

On the non-contentious side Katherine advises clients on contract terms, both bespoke and industry standard (JCT, NEC). Katherine advises on procurement methods and security including protection against insolvency. Katherine regularly advises a local fit out contractor on contract terms both under one-off JCT contracts and framework contracts.

Katherine drafts building contracts, appointments, collateral warranties, performance bonds, parent company guarantees and deeds of novation. Katherine is experienced at advising on construction aspects of Agreements for Lease and Development Agreements.

Some examples of work Katherine has recently carried out:

•Katherine recently defended an architect in multimillion pound multi-party cladding claim in the TCC.

•Katherine advised an international glass manufacturer in a high value dispute concerning the negligent design and commissioning of a glass plant.

•Katherine recently ran a successful adjudication on behalf of a low league football club against its contractor and through enforcement proceedings recovered substantial damages for her client. Katherine then went on to defend her client in proceedings in the TCC to overturn the adjudication decision. This case involved complex issues including injunction applications and security for costs.

•Katherine is experienced in cross border disputes having represented a Cumbrian based manufacturing contractor in a multimillion pound arbitration in the International Court of Arbitration against a Swiss manufacturer which was ultimately settled via mediation.

David Vayro - Partner

David has over 25 years’ experience of providing legal services in the construction and engineering sectors and has developed a high level of expertise in advising occupiers, developers, Housing Associations, main and sub-contractors and professional consultants.

David has litigated in the TCC, has conducted arbitrations both as claimant and defendant and has conducted many statutory adjudications. He is familiar with a wide range of alternative dispute resolution procedures, mainly acting in mediation and expert determination of construction disputes.

In addition to conflict management and dispute resolution advice David is involved in a significant amount of transactional and project work.

Some examples of work David has carried out are:

•Acting for an abattoir operator in proceedings in the TCC relating to breach of contract and negligence in the delivery by a design and build contractor of an extensive rebuilding and refurbishment programme of the premises. The proceedings included a complex and extensive Disclosure phase, several expert witnesses and witnesses of fact, two site visits and numerous interim applications.

•Acting for a mixed recyclables waste disposal company in challenging several procurement awards in relation to waste disposal contracts by way of proceedings against the respective Authorities in the TCC under the Public Contracts Regulations applying for early Summary Judgement along with application for abridged time for service.

• Acting for a Modular House supplier and constructor in an adjudication defending a claim by a Main Contractor alleging repudiatory breach by his client as the result of delay and abandonment of the works. The adjudication involved extensive evidence and advocacy in relation to the law relating to repudiation. His client was 100% successful in defending the adjudication and the adjudicator awarded his fees and expenses 100% against the Claimant.

• Acting for a Hotel Developer in relation to a large claim from the D&B Contractor in relation to defects, extensions of time and change under the terms of the amended JCT DB 2016 Building Contract. The Contractor exercised its right to adjudicate. The adjudication followed a procedure very much akin to proceedings in the TCC particularly featuring extensive Schedules of Defects. The Hotel Developer was overwhelmingly successful in the adjudication.

Alex Walmsley - Associate Solicitor

Alex qualified into Harrison Drury’s Property & Construction litigation team in 2019, acting for a range of commercial clients on a broad range of litigation issues, relating to both Property & Construction matters. This has given Alex a wide breadth of understanding around the complexities of development, from pre-acquisition through to post completion of a project.

Since 2022, Alex has practiced solely in construction litigation. Alex advises an array of clients including landowners, developers, contractors and other stakeholders on a range of construction contract disputes, taking a client objective driven approach to achieve the best results for his clients. Alex has experience in dealing with complex contractual disputes and is well versed on all forms of JCT and NEC standard form contracts, as well as bespoke contracts. Alex has on assisted clients in court proceedings in the TCC.

Alex has also represented clients in multiple adjudications, including technical “smash and grab” adjudications together with substantial final account “true value” adjudications on multimillion pound contracts.

Alex has gained a number of repeat clients in the sector who approach him regularly for advice at the pre-contract stage, where Alex is well equipped to advise his clients in a pragmatic way to ensure the risks of litigation are avoided from the inception of the contract.

Alex has also advised professionals, including architects and surveyors, on professional negligence claims alleged by clients.

Alex assists Katherine Sibley, head of the Construction team, on a plethora of high value and highly complex disputes.

Will Marlow

Will has a background in advising a diverse range of clients, including residential and commercial developers, insurers, and corporate entities in complex breach of contract and professional negligence property and construction claims. Will continues to assist primarily with construction matters, acting for developers and contractors in a broach range of litigated and non-litigated matters, with a particular focus on ADR.

Prior to his admission as a solicitor, Will completed his undergraduate degree at the University of ST Andrews and spent several years working in emerging technology and digital marketing. He completed his GDL and SQE exams in Manchester and joined Harrison Drury in July 2024.

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Construction Team 2024 Sept 24
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