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Patrick Maxwell

Call 2011

"Patrick is very sound and commercial and his advice is robust and well argued.”
(Chambers and Partners, 2023 )

Construction & Engineering

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 contractor in a c.£40m TCC claim arising from alleged defects in an abattoir (with Crispin Winser KC).
  • Acting in an international arbitration defending delay and disruption claims valued at £222m brought by a consultant against an employer, concerning 11 contract packages on a major infrastructure project.
  • Acting (with Andrew Rigney KC) for insurers in a dispute under a contractor’s all risk policy in which the insured seeks to recover c.£170m.
  • Successfully defending a £1m adjudication claim against a specialist contractor concerning leaks to an atrium at a Canary Wharf skyscraper.
  • Acting (both led and as sole counsel) for various parties in numerous disputes arising from defective cladding in the aftermath of the Grenfell Tower disaster.
  • Acting (with Andrew Rigney KC) in TCC claim valued at £30m+ concerning alleged M&E defects in an advanced manufacturing and technology facility.
  • Acting as sole counsel for the defendant structural engineer in a c.£1m TCC claim concerning defects in a newly constructed public building (KC opponent).
  • 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. Particular focus on extensions of time and liquidated damage provisions.
  • Acting for the defendant contract administrator in a c.£1m multi-party TCC claim concerning defects and the allegedly negligent certification of practical completion.
  • Acting (with Isabel Hitching KC) for the claimant in a complex claim concerning defects at valuable period property.
  • 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.
  • Acting on behalf of the defendant structural engineer in TCC proceedings concerning noise emission from Beetham Tower, Manchester.
  • Acting for a main contractor in a number of linked adjudications brought by a subcontractor that concerned various “smash and grab” arguments and allegations of defective
  • Successfully defending, at 3-day trial, a claim involving multiple allegations of defective work against a contractor. Indemnity costs awarded.
  • Adjudication concerning the payment mechanism of a non-standard form construction contract.
  • Adjudication concerning a dispute over the proper basis of payment for variations.
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Qualifications


  • BA Hons (First Class), University of Oxford
  • GDL, City University
  • BPTC, City University
  • David Karmel Award, Grays Inn
  • Holt Scholarship, Grays Inn
  • Academic Scholarships, Lady Margaret Hall, University of Oxford

Memberships


  • SCL
  • COMBAR
  • PNBA

Recommendations


“Patrick gets to grips with what the claim actually is and his drafting is excellent. There’s never a point made that’s frivolous. He’s very homed in and very keen on the nub of the matters at hand.”.. “Patrick Maxwell is skilful, knowledgeable, approachable and user-friendly”

Chambers & Partners, 2024

“Patrick combines a truly exceptional intellect with being a user-friendly, normal person who is a pleasure to work with”…“Patrick is very sound and commercial and his advice is robust and well argued.”

Chambers & Partners, 2023


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