Michele De Gregorio

Construction & Engineering

Michele has extensive experience of construction litigation within a range of industry sectors, from energy and infrastructure to domestic property disputes. He is frequently instructed as sole counsel in TCC proceedings and as part of larger teams in complex, multi-million pound disputes in both domestic and foreign jurisdictions. He has considerable experience of adjudication, arbitration (domestic and international), mediation and expert determination. Michele edits the chapter in Emden’s Construction Law on Architects, Engineers and Surveyors.

Selected Cases

• Northumbria Healthcare NHS Foundation Trust v Lendlease Construction (Europe) – Michele, led by Ben Quiney KC, acted for the architect, Keppie Design, in the complex, c. £140m Cramlington emergency care hospital litigation, one of The Lawyer’s Top 20 Cases of 2022.
• Abbey Healthcare (Mill Hill) v Simply Construct (UK) [2022] EWCA Civ 823 – Michele, leading Sahana Jayakumar, represented the respondent (Simply) in the Court of Appeal in this significant case on whether a collateral warranty was a construction contract under the Housing Grants, Construction and Regeneration Act 1996. Michele also represented Simply at first instance, in the adjudication enforcement hearing: [2021] EWHC 2110 (TCC).
• Acting for the cladding contractor in a multi-million pound dispute concerning allegedly defective stone cladding of a prominent new residential tower in South London.
• Acting as sole counsel in an ICC arbitration (Dubai) involving a delay, defects and variations claim in relation to the construction of a mall and hotel complex in the Middle East.
• Acting, together with Ben Quiney KC, in a number of related TCC proceedings concerning the construction of a landmark mixed hotel / residential tower in Manchester.
• Advising on arbitration proceedings concerning an international airport in the Middle East.
• Acting on behalf of a fire protection contractor in TCC proceedings involving the refurbishment of the Palace of Westminster.
• Advising a motor manufacturer in relation to a c.£15m claim relating to defects at its vehicle storage site in the UK.
• Acting in a claim against a utility services contractor arising out of a significant flooding incident occurring on the Crossrail project.
• Acting on behalf of the respondent to an adjudication concerning defects in fermentation tanks at a UK biogas plant. Michele was also instructed in related contribution proceedings against a sub-contractor.
• Acting for the defendant architect in a TCC claim for over £1m in relation to allegedly negligent design, inspection and contract administration of a building contract for works to a substantial Grade II listed property.
• Acting in a claim against design and build contractors in respect of storm damage to the claimant’s business premises due to the defective design of a siphonic roof drainage system.
• Acting and advising in numerous claims against suppliers of electrical equipment under s.41 of the Consumer Protection Act 1987 and the Electrical Equipment (Safety) Regulations 1994.
• Acting as sole counsel in a c.£4m TCC claim against contractors and design professionals arising out of a fire at a residential care home.
• Carillion Construction v Emcor & ors [2016] BLR 382 (TCC); [2017] BLR 203 (CA) – Michele, led by Ben Quiney KC, acted for the acoustics subcontractor in a £5m delay and defects dispute concerning the construction of the Rolls Building. The case raised a novel point as to the application of extensions of time under the Domestic Sub-Contract DOM/2 standard form, which was decided by the Court of Appeal.
• Acting for the claimant in two separate ICC arbitrations concerning the supply of wastewater treatment plants, one of which was the first arbitration to be conducted under the new ICC Expedited Procedure Rules.
• Rossair v Primus Build [2017] EWHC 2430 (TCC) – enforcement of an adjudicator’s decision where the paying party claimed to be in a company voluntary arrangement (CVA). Michele acted for the successful referring party in the adjudication and on the enforcement proceedings.
• Acting for a construction management company in an adjudication concerning a contract on the JCT Construction Management Appointment 2011 standard form.
• DPM Property Services v Emerson Crane Hire [2017] EWHC 3092 (TCC) – appeal relating to an application for expert evidence in support of a counterclaim for defective groundworks, services and drainage.
• Squibb Group v Pole 2 Pole Scaffolding [2017] BLR 613 (TCC) – no extension of time for challenging an arbitration award, where arbitrator legitimately exercised a lien over the award pending receipt of his fees. Michele acted for the successful claimant in the arbitration.
• Acting for an EPC contractor in a US$200m ICC arbitration concerning the construction of a processing plant in the Middle East. Michele was led by Andrew Rigney KC.
• Obtaining an interim injunction to restrain payment under a performance bond in respect of an airport construction project in the Middle East.
• Acting for the developer of a prestigious development in Belgravia in connection with a nuisance and party wall dispute. Michele was led by Michael Curtis KC, and instructed together with Crispin Winser and Caroline McColgan.
• Acting in an adjudication concerning a ground works subcontractor’s entitlement to re-measurement as a result of ground water encountered on site.
• Acting for the main (design and build) contractor in an adjudication relating to the alleged insufficiency of the electrical supply installed in a large mixed residential and commercial development.
• Acting as adjudicator in a dispute concerning the value of variations under an M&E sub-contract.
• Acting for the employer in an adjudication arising out of a dispute over payment due to the main contractor under an interim certificate.
• Acting as adjudicator in a dispute over an interim certificate in respect of a hotel development with a contract value in excess of £4m.
• Instructed, together with Ben Quiney KC, in a series of adjudications concerning delays to construction and the consequences of a fire at a major London hotel development.
• Gore v Stannard t/a Wyvern Tyres [2014] QB 1 (CA) – seminal decision on the application of strict liability under Rylands v Fletcher to cases involving the escape of fire. Michele and Jonathan Waite KC acted for the successful appellant.
• Acting for property insurers in a £1m TCC claim arising out of a series of floods caused by defective valves at a prestigious London mansion block.
• Archlane v Johnson Controls [2012] EWHC B12 (TCC) – claim involving a flood at Sea Containers House; late amendments to pleadings.
• Acting for a multinational joint venture in disputes arising out of the first urban DBFO (PPI/PFI) roads project in the UK, involving claims in excess of £100m.
• Acting for a leading UK interior design and property development company in a substantial arbitration against a foreign company on a key London building project.
• Obtaining a freezing injunction and final charging order in TCC proceedings to enforce an arbitration award.
• Acting for a leading firm of UK architects in arbitration proceedings in the DIAC relating to major construction projects in various locations in the Middle East.
• Advising specialist contractors in a claim arising out of the construction of an energy conversion installation at a renewable energy plant.
• Acting for a specialist marine engineering company in a Mercantile Court claim arising out of a contract for engineering works to a commercial vessel.
• Acting for a renewable energy company in a claim arising out of damage to specialist equipment for use in offshore wind farms.

News

• Supreme Court grants permission to appeal in Abbey Healthcare case
• Crown Office Chambers features in The Lawyer’s Top 20 Cases of this year

Read more

Articles

• Adjudication and Collateral Warranties – Court of Appeal reverses TCC decision in Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2022] EWCA Civ 823
• When is a Collateral Warranty a Construction Contract? – Toppan Holdings Limited and Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2021] EWHC 2110 (TCC)

Qualifications

• MA (Oxon)
• LLM (Distinction), King’s College London

Memberships

• COMBAR
• PNBA
• TECBAR