Ralph Hindle

• I am a construction law specialist, with a particular expertise in advising on ongoing project management and dispute resolution.  I act for employers and contractors on a wide range of construction projects, including for central and local government, NHS and other public sector projects, commercial real estate development, housing and the future energy and nuclear markets. 

  I have experience in resolving issues and disputes in relation to complex delay and disruption claims, defects, payment issues and termination under all commonly used standard forms (JCT, NEC, FIDIC etc.) and bespoke construction contracts.

  I am equally happy to work with clients in order to (i) successfully navigate issues without the need for formal dispute resolution; (ii) resolve issues in adjudication, arbitration, High Court proceedings; (iii) seek a negotiated settlement in a more structured process such as the pre-action protocol or mediation; or (iv) a blended approach using a selection of dispute avoidance and resolution processes. 

   

• • Acting for an employer on a major public sector project with a budget of several £billions, dealing with a significant dispute relating to delay, defects and valuation under the NEC form of contract. Working closely with the employer’s team and technical experts to defend / manage claims, whilst at the same time keeping the project moving forwards. This led to a wider initiative at board, commercial and operational level to seek a negotiated solution, including remedy of key defects, novation of key subcontractors and commercial settlement. 
  • Acting for a central government department in the expansion of a cutting edge facility, part new build and part refurbishment, under the NEC form of contract. Defending / managing main contractor claims for delay and disruption, and investigating and preserving claims concerning defects in the works.  Successfully executed a strategy of robustly and successfully defending adjudications whilst at the same time leading the main contractor into an expert led settlement of its outstanding claims, and a successful defects remedy phase at the conclusion of the project.
  • Acting for one of the UK’s largest contractors on an NHS Procure 21+ project, in a dispute under the NEC form of contract.  Working closely with the client’s senior commercial and operational team, as well as technical experts, we devised and executed strategy for successful resolution of the overall dispute.  Successfully adjudicating on a series of significant outstanding CEs, which brought the parties sufficiently close to allow a negotiated commercial settlement.
  • Acting for a main contractor under the JCT form of contract for the design and build of a tertiary education new build facility.  A dispute between the main contractor and the M&E subcontractor towards the end of the project threatened timely completion.  We supported the client in terminating the M&E subcontractor for cause, in order to allow the project to complete with an alternative subcontractor, and then successfully defending the adjudication brought in which we won on every single point. 
  • Acting for a solar asset manager in TCC High Court proceedings in relation to serious defects in the EPC contractor’s works.  We prosecuted our client’s claims in the High Court, and defended against counter claims.
  • Acting for an EPC contractor in a series of disputes and adjudications in relation to aerobic digestion biogas projects.  The disputes were driven by a change in the commercial viability of the projects.  As the cost of the raw materials increased, projects became distressed which drove disputes.  Working closely with the client’s senior commercial and management team, and technical experts, to successfully defend and resolve disputes in relation to defects, delay and termination, in arbitration and adjudication.

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  Providence v Hexagon JCT Termination: Two strikes and you’re out

  03/09/2024

• 0370 194 3042

• Ralph.Hindle@bevanbrittan.com
• 03701943042
• 07500667521

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Ralph 's areas of expertise