Anna Laney KC

Construction & Engineering

Anna has been awarded Construction Junior of the Year at the Chambers UK Bar Awards 2021.

She has wide experience of acting in construction and engineer disputes both within the UK and overseas.

She acts for employers, contractors, sub-contractors and professionals, representing both claimants and defendants. Anna has dealt with claims for additional and defective work, extensions of time and prolongation, as well as allegations of negligence against construction professionals including architects, quantity surveyors, structural and process engineers.

Given her extensive experience of dealing with arbitrations, and considerable familiarity with the ICC, LCIA, CiARB, DIAC,QICCA and IBA Rules together with her longstanding appointment as a Recorder, Anna is happy to accept appointments to sit as an arbitrator.

Examples of recent work include:

• Acting for tenant in relation to a multi-party dispute arising out of the construction of new “HQ” premises where project overrun was circa 2.5 years and where the budget overrun represented a 50% increase.  Multi-faceted arguments concerning defects in the base build works that resulted in extensive remedial works that pushed out the completion date; consequences of a number of significant flood events; causation issues as regards nature and scope of remedial works to be undertaken; contractual obligations as between base build and fit-out works; allegations of default on part of Contract Administrator acting on behalf of the Landlord; issues concerning entitlement to rent pursuant to the agreement for lease.
• Acting on behalf of a sub-contractor in respect of four separate sub-contracts each subject to different bespoke terms concerning earthworks and piling works in respect of a new metro line. Issues concerning operation of contractual terms, approach to valuation and pricing of the works and overarching issues of application of Qatar Law.
• Acting on behalf of a sub-contractor in respect of MEP and Fit-Out Works in respect of works associated with a new metro line. Contract based on FIDIC Red-Book subject to bespoke amendments. Issues concerning operation of contractual terms, conduct of the Employer/Engineer regarding Clause 15.3 Determinations and associated disclosure issues and overarching issues of application of Qatar Law.
• Acting for contractor in relation to the construction of a new hotel in Abu Dhabi.   Issues concerning scope of contractual obligations under the FIDIC Red Book Rules, instruction of additional works, independence of the Engineer as regards his decisions, causes of delay and disruption and valuation issues.
• Acting on behalf of contractor in relation to a new development in Dubai where the employer alleged that the piling works were defective, preventing the development from being undertaken.  Arguments concerning the adequacy of the pile construction and responsibility for project delay.
• Acting on behalf of contractor against novated architect where it is alleged the defective roof design resulted in water ingress necessitating wholesale replacement of the roofs to four office blocks.
• Acting on behalf of contractor in relation to allegations of undervaluation of works in relation to the redevelopment of a railway station, where employer alleged it was entitled to withhold sums by way of liquidated damages in circumstances where the cause of delay was in dispute.
• Acting on behalf of a contractor in relation to a dispute with a sub-contractor where allegations of fraudulently inflated applications for payment.
• Acting for insurer in relation to collapse of a residential development built in a crescent arrangement. Insured was a labour only sub-contractor where competing causes of failure advanced. In addition, allegations about site management and bullying as regards instructions that were given (but not recorded) which were said to be causative of collapse. Claimant sought substantial damages for delay, which were not related to original collapse but need for substantial redesign and/or betterment.
• Acting for insurer in relation to collapse of a listed facade at a prestigious development. Detailed arguments about cause and mode of failure, contributory negligence of Employer’s professional team, and policy coverage issues.
• Acting for consortium in relation to defective design of earthworks by civil engineers resulting in delay and claims for costs of additional works and loss of profits.
• Acting for earthworks contractor in relation to final account claim in respect of a new holiday park; main contractor counterclaiming over £1million for defective works and consequential losses.
• Instructed as junior on a £10million claim for delay and disruption. Acting for piling contractor where main contractor alleged that the secant pile installation and associated ground works were defective.
• Acting for developer against allegedly negligent architect who had failed to convert accurately planning drawings into working drawings: claims for losses arising out of differences between two layouts.
• Acting for contractor where architect’s soundproofing design within blocks of flats was alleged to be negligent; issues about remoteness of damage and disputes about the appropriate remedial scheme.
• Acting for process engineer in a claim relating to the design and construction of a fertilizer process plant in the Philippines, in particular the plant’s performance in certain weather conditions.
• Acting for homeowner in a dispute concerning contracting parties involving allegations of deceit as builder / defendant asserted that he acted as agent for third party.

Selected Cases

• Lulu Construction Limited v Mullaley [2016] EWHC 1852 (TCC) – Enforcement of an adjudicator’s decision finding that he had jurisdiction to award costs claimed under the Late Payment of Commercial Debts (Interest) Act 1998.
• Jockey Club Racecourse Ltd v Willmott Dixon Construction Ltd [2016] 4 W.L.R. 43 [2016] 1 Costs L.R. 123 – Considers the requirements of a valid Part 36 Offer as to liability where quantum uncertain / in dispute.
• Mul v Hutton Construction Ltd [2014] EWHC 1797 (TCC); [2014] All ER (D) 58 (Jun) – Interpretation of “appropriate deduction” for defects under cl 2.30 of JCT Intermediate Form of Contract (2005).
• Glendalough Associated SA v Harris Calnan Construction Co Ltd [2013] EWHC 3142 (TCC); [2014] 1WLR 1751 – Concerns seeking injunctions in construction adjudications.
• Pioneer Cladding v John Graham Construction PLC [2013] EWHC 2954 (TCC) [2014] CILL 3445 – Concerns circumstances in which a stay of execution may be granted as regards enforcement of an adjudicator’s decision where a sub-contractor had misled contractor as to its financial health.
• SCI Azure Estates Ltd v Mullen [2007] EWHC 263 (QB) – Examines mechanism of contractual formation, intention to create legal relations and retrospective application of agreement.
• Skanska Construction UK Ltd v Egger Barony Ltd [2002] EWCA Civ 1914, (2003) CILL 1969 (Thorpe LJ, Latham LJ, Lawrence Collins J); [2005] EWCA Civ 501 (Buxton LJ, Dyson LJ, Maurice Kay LJ); [2005] EWHC 284 (TCC), (2005) CILL 2210 (HHJ Wilcox) – Claims and counterclaims arising out of the construction of a wood processing factory in Scotland, including arguments concerning extent of insuring obligations.

Awards

News

• Crown Office Chambers recognised by Legal 500 EMEA 2024 for construction expertise in the Middle East
• New Silk – Anna Laney

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Events

• Dubai Arbitration Week, 14-18 November 2022
• Anna Laney to speak at the Young Bar Annual Workshop – The 21st Century Advocate

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Articles

• Anna Laney writes article for ICES Construction Law Review 2014 entitled ‘Adjudication: Quick & Filthy’
• Adjudication: a Pioneering decision – by Anna Laney October 2013

Memberships

• COMBAR
• LCLCBA
• TECBAR