Caroline McColgan

Construction & Engineering

Caroline is regularly instructed in construction and engineering disputes.  She has particular experience of dealing with claims for defective works, including in relation to large projects for the design and construction of energy facilities.  She has acted in various cladding cases.  She accepts instructions 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.

Selected Cases

• Athena Asset 5 Sarl v Berkeley Homes West London & Ors – defending the developer of a block of student accommodation in a cladding claim where damages are claimed in excess of £16m.
• Prudential Assurance Co Ltd / Pets at Home Ltd v Stoke on Trent Regeneration Ltd & Ors – acting for a design and build contractor in its defence and claims in contribution against the project engineering team in relation to alleged defects in a warehouse. Damages exceeded £40m+ (led by Andrew Rigney KC and Fiona Sinclair KC).
• National Trust for Places of Historic Interest and Outstanding Natural Beauty v Cuffe PLC & Anor [2020], TCC – acting for the claimant property owner in relation to a claim for £115m as a result of construction defects which caused the spread of a catastrophic fire in a Grade I listed mansion house (led by Andrew Rigney KC).
• As sole counsel, handling the insurance coverage defences to a £15million+ claim for alleged design and construction defects at a commercial development;
• In adjudication, sole counsel for the successful respondents in their defence to a claim for engineers’ negligence claim relating to the design of an ocean terminal;
• In adjudication, defending the architect which designed a high-rise residential block in a cladding claim brought by the main contractor. Damages were claimed in excess of £10million (led by Ben Quiney KC).
• Defending the architect which designed a £multi-million residential scheme in central London in a claim in confidential arbitration proceedings arising from alleged breaches of planning laws (led by Ben Quiney KC).
• Acting for a plumbing contractor in respect of a £5million+ claim for defects in the soil stack system at a block of flats which raised important issues of limitation and complex structure theory (led by Daniel Shapiro KC).
• Defending a major UK contractor in respect of a £12m claim alleging defects in the construction of a leisure centre (led by Andrew Rigney KC).
• Acting for the Defendant contractor in a £25m+ arbitration concerning defective micro-tunneling 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 (led by Michael Curtis KC).
• Acting for the Respondent in confidential adjudication proceedings concerning the electronics system installed at a Wind Farm (led by Daniel Shapiro KC).
• Acting for the Defendant, a major national piling company, in a £6m claim for defective piling works.
• Advising a contractor in a claim for unpaid fees where there were no formal contractual arrangements in place.
• Acting as Junior Counsel to the Inquest 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 (led by James Maxwell-Scott KC and instructed with Mike Atkins).

Awards

News

• Crown Office Chambers shortlisted in 17 categories at The Legal 500 Bar Awards 2024
• Warranty and Indemnity Insurance: The Court of Appeal offers Guidance on the Interpretation of Policies and Exclusions

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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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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
• TECBA

Rankings