Warren Kemp

My specialism is advising on complex construction issues (including delay, defects and design as well as payment) across the full range of construction contracts (including JCT and NEC contracts). My goal is dispute avoidance and, as necessary, devising an optimum strategy for a successful outcome in formal dispute resolution (including adjudication, arbitration, expert determination and Court proceedings).

Having worked in-house as a legal advisor on secondment to an engineering business, I am acutely aware of the trust placed in external legal advisors by their clients and seeks to put the client’s interests at the heart of everything we do.

Relevant Experience includes:

• Advising on delayed delivery which jeopardised commercial viability of the India Buildings project in Liverpool. I assisted under extremely challenging time constraints to help HMRC arrive at a robust strategy that paved the way for a successful negotiated settlement that ensured formal dispute proceedings were avoided and project delivery was achieved within commercially acceptable parameters to HMRC.
• Currently advising on a payment dispute with the developer on the hub project in Edinburgh. To ensure best value for HMRC (and rather than just leading HMRC into formal dispute proceedings), we have incepted and led an initiative to establish commercial viability by preparing a set of options / feasibility notes and through a series of gateway expert and Counsel advices on central issues, to ensure wider commercial value (under controlled incremental expenditure) for HMRC.
• A Further Education college on a dispute relating to professional negligence and defects in major M&E services project at an existing site where amount in dispute was c.£7m.
• A Local Authority on high profile road infrastructure works that included to the construction of a bridge and gas services issues that had resulted in a claim for c.£700,000.
• A Transport Authority in the north of England in relation to claims from a Tier 1 contractor in respect of building works across the Authority’s estate.
• A Regional Train Operating Company regarding delay and disruption claims from a contractor undertaking works in its rail network.
• A Yorkshire University regarding contractor claims for c.£500,000 relating to utilities services and delays.