Caroline McColgan

Construction & Engineering

Caroline is regularly instructed in construction disputes. She has experience of dealing with claims for delay and disruption, loss and expense and defective works. She acts for employers, contractors, sub-contractors, insurers and individuals. In addition to her court practice, Caroline has been involved in a number of high value adjudication and arbitration matters. She frequently advises in claims for negligence and/or breach of contract against construction professionals.

Caroline has acted in several energy and natural resources matters, and previous instructions include multi-million disputes relating to works at power stations utilising alternative and emerging energy resources (notably wind and biomass). She is familiar with the issues that commonly arise in the context of such projects, including issues as to completion of works against contractual milestones, and is adept at handling the technical evidence required to resolve such arguments.

Selected Cases

• Acting for a plumbing contractor in respect of defects in the soil stack system at a block of flats which raises important issues of limitation and complex structure theory.  Caroline is being led by Daniel Shapiro QC.
• Acting for a contractor in its defence and claims in contribution against the project engineerings in relation to defects in a warehouse.  Damages are yet to be quantified but may exceed £20m+. Caroline is being led by Andrew Rigney QC;
• Acting for a major UK contractor in its defence to a £12m claim alleging defects in the construction of a leisure centre. Part 20 proceedings have been brought against the architect, the structural engineer and a subcontractor. Caroline wasled by Andrew Rigney QC.
• Acting for the Defendant in a £25m+ arbitration concerning defective microtunneling works on a major engineering project in Bahrain.
• Acting for the developer of a prestigious development in Belgravia in connection with a nuisance and party wall dispute. Caroline was led by Michael Curtis QC and instructed together with Crispin Winser and Michele de Gregorio.
• Acting for the Respondent in confidential adjudication proceedings concerning the electronics system installed at a Wind Farm. Caroline was led by Daniel Shapiro.
• Acting for the Defendant, a major national piling company, in a £6m claim for defective piling works. Caroline was led by Julian Field.
• Advising a contractor in a claim for unpaid fees where there were no formal contractual arrangements in place.
• Assisting with investigations into the Lakanal House Fire, which occurred in 2009. Caroline was particularly concerned with the buildings / structural issues which were raised and became very familiar with the provisions of the Building Regulations 2010.

Articles

• Defending W&I claims: strategic themes illustrated in Finsbury Foods v Axis & Ors
• 2 Entertain Video Ltd & Ors v Sony DADC Europe Ltd [2020] EWHC 972 (TCC) – TCC gives judgment in major insurance claim arising out of the 2011 London Riots

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News

• Daniel Shapiro KC, Caroline McColgan and Hamish Fraser acted for the successful Insurers in the first warranty & indemnity insurance claim to be decided by the Commercial Court
• The Legal 500 UK Bar Awards 2022 Nominations

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Qualifications

• Major Scholar, Inner Temple (2009 – 2010)
• BVC, BPP Law School (Very Competent) (2009 – 2010)
• Exhibitioner, Inner Temple (2008 – 2009)
• GDL, BPP Law School (Distinction) (2008 – 2009)
• Demyship, Magdalen College, Oxford (2006 – 2008)
• BA (Hons) University of Oxford (2005 – 2008)

Memberships

• LCLCBA
• PNBA
• TECBAR