Patrick Maxwell

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 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+.
• Acting 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.

News

• Sky & Mace v Insurers: Court of Appeal judgment
• Sky & Mace v Riverstone Managing Agency & Ors [2023] EWHC 1207 (Comm)

Read more

Events

• Crown Office Office Chambers and HKA Event – ‘The cost of Covid for construction: dealing with supply chain issues’

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

Rankings