Patrick Maxwell

Patrick deals with the wide range of claims that arise in the context of construction and engineering disputes. His experience ranges from residential disputes to major international projects. He is comfortable dealing with the standard forms of contract as well as bespoke agreements. He is instructed by employers, contractors and subcontractors as well as professionals and their insurers.

Alongside his court and arbitral practice, Patrick is frequently instructed in relation to adjudications. He provides strategic advice on complex linked adjudications as well as effective drafting in a wide variety of disputes.

Selected Cases

• Acting for the claimant contractor in a $100m HKIAC arbitration relating to a major infrastructure project in the Far East (with Andrew Rigney KC).
• Sole counsel for the employer in a c.£12m TCC claim arising from a major scheme of renovation works to a Chelsea townhouse.
• Acting for Insurers in a £200m claim under a CAR policy in respect of alleged damage to the roof of Sky’s global headquarters: Sky & Mace v Riverstone [2023] EWHC 1207 (Comm) (with Andrew Rigney KC).
• Acting for various parties in numerous disputes arising from allegedly defective cladding in the aftermath of the Grenfell Tower disaster, including as sole counsel in claims for £10m+.
• Sole counsel for the defendant contractor in a c.£50m claim arising from the allegedly defective design of a UK hospital.
• Acting for the main contractor in a £40m TCC claim arising from alleged defects in an abattoir (with Crispin Winser KC).
• Acting on behalf of a major domestic contractor in a series of adjudications concerning claims for c.£8m which related to the corrosion of pipework at a London research facility.
• Acting for the employer (as part of a counsel team) defending claims for c.£222m brought in arbitration by a consultant in relation to the construction of a new airport in the Middle East.
• Acting for the defendant structural engineer in a c.£4m TCC claim concerning allegedly defective foundation design.
• Successfully defending a £1m adjudication claim against a specialist contractor concerning leaks to an atrium at a Canary Wharf skyscraper.
• Acting for the defendant structural engineer in a £1m TCC claim concerning defects in a newly constructed police station (KC opponent).
• Acting (with Andrew Rigney KC) in a TCC claim valued at £30m+ concerning alleged M&E defects in an advanced manufacturing and technology facility.
• LB Harrow v Engie [2018] EWHC 2575 (TCC) Acting (with Andrew Rigney KC) in successful claim for a declaration as to the extent of the claimant’s obligation to take out a policy of latent defects Resisting enforcement of an adjudication by way of a Part 8 claim for a declaration as to the correct operation of the contractual payment provisions.
• Acting (with Roger ter Haar KC) in ICC arbitration proceedings arising from a major construction project in the Middle East with particular issues relating to extensions of time and liquidated damage provisions.
• Acting for the defendant contract administrator in a £1m multi-party TCC claim concerning defects and the allegedly negligent certification of practical completion.
• Assisting the successful Respondent in Mears v Costplan Services et al [2019] EWCA Civ 502, in which the Court of Appeal considered the meaning of “practical completion” for the first time in 50 years.

Patrick is instructed in professional negligence matters involving a wide range of professionals. Much of his work involves claims against solicitors, barristers and construction professionals. Patrick is also instructed in claims against a variety of other professionals, including valuers, insurance brokers, patent attorneys, accountants and IFAs.

Selected Cases

Construction professionals

• Acting for the defendant structural engineer in a c.£4m TCC claim concerning allegedly defective foundation design.
• Acting (with Andrew Rigney KC) in a TCC claim valued at £30m+ concerning alleged M&E defects in an advanced manufacturing and technology facility.
• Acting for the defendant architect in c.£1.5 claim arising from an office block conversion.
• Achieving a favourable settlement for a high net worth individual in a claim against a contract administrator arising out of extensive residential project.
• Acting for the defendant structural engineer in a £1m TCC claim concerning defects in a newly constructed public building (KC opponent).
• Acting for the defendant contract administrator in a £1m multi-party TCC claim concerning defects and the allegedly negligent certification of practical completion.
• Acting for various parties in numerous disputes arising from allegedly defective cladding in the aftermath of the Grenfell Tower disaster, including as sole counsel in claims for £10m+.
• Acting on behalf of the defendant structural engineer in TCC proceedings concerning noise emission from Beetham Tower, Manchester.

Legal professionals

• Acting for a barrister in a claim concerning allegations that he gave negligent advice about the defence of a forfeiture claim.
• Successfully achieving the dismissal, at trial, of a claim against solicitors concerning the alleged under settlement of a personal injury claim.
• Acting for defendant solicitors in relation to their alleged failure to give adequate advice in relation to a mortgage deed.
• Advising in a claim arising from solicitors’ allegedly negligent instructions in relation to an expert.
• Acting for a barrister in a claim concerning the provision of allegedly negligent advice in relation to claims that arose from the sale of a company.
• Achieving a favourable settlement for a commercial property developer in a claim against solicitors arising from the failure to advise on the presence of a sewer.
• Acting for a barrister alleged to have been negligent in the conduct of matrimonial proceedings.
• Acting for the defendant firm in a case concerning the adequacy of pre-conveyance surveys and rights of way.
• Acting for the defendant solicitor in defence of allegations of negligence that arose from the drafting of a purchase option agreement.

Other professionals

• Acting for the defendant surveyor in a £2.5m claim arising from an allegedly negligent property valuation.
• Acting for the defendant patent attorney in a claim for c.£10m concerning the alleged failure to register a trademark.
• Sole counsel for the defendant collateral manager in a USD$20m UNCITRAL arbitration concerning commodities finance arrangements in Africa.
• Acting for the defendant accountancy firm in a claim concerning the allegedly negligent provision of advice in respect of a share-buy-back agreement.
• Successfully defending a claim brought against a surveyor about an alleged failure to identify major damage to structural timbers.
• Acting for the claimants in a dispute concerning the negligent provision of accountancy services and tax advice which also involves allegations of breach of contract, fraudulent misrepresentations, bribery and breach of fiduciary duty (with Roger ter Haar KC).

Patrick is frequently instructed by insurers in all the areas in which he practices. He has substantial experience of fraudulent claims as well as disputes concerning policy interpretation, avoidance of cover for nondisclosure, misrepresentation and breach of notification clauses.

Selected Cases

• Acting for Insurers in a £200m claim under a CAR policy involving various complex coverage issues: Sky & Mace v Riverstone [2023] EWHC 1207 (Comm) (with Andrew Rigney KC).
• Sole counsel for insurers in a c.£60m claim under a CAR policy arising from alleged damage at a residential development.
• Acting for the insured in a c.£8m claim arising from a fire at a recycling plant.
• Achieving a favourable settlement for the insured following extensive fire damage to a commercial property despite insurer’s allegations of non-disclosure.
• Acting for the insured in a c.£5m dispute concerning the proper application of deductibles under a policy that provided cover for offshore wind farms.
• LB Harrow v Engie (2018) (TCC) Acting (with Andrew Rigney KC) in successful claim for a declaration as to the extent of the claimant’s obligation to take out a policy of latent defects insurance.
• Acting (with Ben Quiney KC) in an arbitration concerning a c.£3m coverage dispute under a professional indemnity policy.
• Acting for the defendant insurer in a coverage dispute worth c.£1m that arose from a fire at business premises.
• Acting (as part of a counsel team) on behalf of underwriters in an multi million pound arbitration concerning after the event insurance policies provided by solicitors under delegated authority.
• Acting for the insured in a c.£1m claim arising from flood damage where insurers seek to avoid the policy for alleged misrepresentations.
• Advising (with Andrew Rigney KC) on interpretation of a combined Public and Product Liability policy in a c.£3m property damage claim.
• Acting in a claim concerning the validity of a settlement agreement in which it was alleged that a loss adjuster had acted without or in excess of the authority of its principle.

Patrick provides advocacy, advice and drafting on a wide variety of commercial cases. Much of his work involves contractual disputes and he also has experience of company law, passing off and the economic torts.

Selected Cases

• Sole counsel in a $20m UNCITRAL arbitration concerning commodities finance arrangements in Africa.
• Acting as sole counsel in £6m commercial court dispute arising out of a hotel franchise agreement.
• Acting for the claimant contractor in a c.$100m HKIAC arbitration relating to a major infrastructure project in the Far East (with Andrew Rigney KC). The dispute involved complex issues of contractual interpretation as well as allegations of economic duress.
• Pursing a successful claim for a major London restaurant franchiser against a franchisee for various breaches of contract.
• Instructed (with Christopher Pymont KC) in proceedings under section 30(1)(f) of the 1954 Act concerning the interests of two major high-street banks.
• Acting in a high value claim concerning the negligent provision of tax advice to multiple parties in which there are allegations of fraudulent misrepresentation, bribery and breach of fiduciary duty (with Roger ter Haar KC).
• Acting for multiple claimants in claims arising for the sale of off plan properties in Cyprus. The claims involved allegations of misrepresentation and mortgage mis-selling alongside complex jurisdictional issues.

Patrick is frequently instructed in claims arising from damage to property. He has extensive experience of claims where damage has been caused by floods, fires, storms and trees. Patrick is adept with dealing with the technicalities of expert evidence as well complex questions of causation that often arise in such disputes. Many of his cases involve issues of business interruption. He is comfortable advising on related issues of insurance policy coverage.

Selected Cases

• Achieving a favourable settlement for the claimant contractor in c.£2m claim against an architect and specialist subcontractor arising from a fire at a construction project that originated in photovoltaic panels.
• Acting for the defendant cleaning contractor in a c.£3m claim arising from a fire that started in a restaurant and spread to commercial premises.
• Acting for the defendant main contractor in a c.£1m TCC claim arising from the escape of water at commercial premises (KC opponent).
• Acting (with Ben Quiney KC) in a c.£5m claim arising from fire damage caused by defective insulation in new build homes.
• Acting for the defendant main contractor in a c.£1m TCC claim arising from an electrical fire at commercial premises.
• Acting for a photovoltaic panel manufacturer in a c.£5m TCC claim arising from a fire at a residential housing development.
• Advising in a c.£1m claim arising from a fire caused by the negligence of a subcontractor at the premises of a major national bank that raised complex points of joint insurance.
• Acting for a major national television broadcaster in a claim for loss of advertising revenue suffered when transmission was interrupted by an electrical fire.
• Acting in a claim in which substantial damage was caused to high value premises by reason of defective plumbing.
• Advising in a number of claims concerning subsidence caused by tree root damage.
• Acting for a restaurateur who suffered substantial loss from business interruption as a result of flooding caused by negligent contractors.

Patrick is instructed as sole counsel and as part of a larger counsel team in international arbitrations. His experience encompasses disputes relation to large construction and engineering projects (including energy and major infrastructure projects) as well as wider commercial disputes. He has been instructed in matters governed by English law as well as those under the law of a variety of different countries, including countries in the Middle and Far East. Recent work includes:

• Acting for the claimant contractor in a $100m HKIAC arbitration relating to a major infrastructure project in the Far East (with Andrew Rigney KC).
• Sole counsel in a $20m UNCITRAL arbitration concerning commodities finance arrangements in Africa.
• Acting for the employer (as part of a counsel team) defending claims for c.£222m brought in arbitration by a consultant in relation to the construction of a new airport in the Middle East.
• Acting (with Roger ter Haar KC) in ICC arbitration proceedings arising from a major construction project in the Middle East with particular issues relating to extensions of time and liquidated damage provisions.