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Patrick Maxwell

Call 2011

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.

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

Selected Cases

  • LB Harrow v Engie [2018] EWHC 2575 (TCC)  Acting (with Andrew Rigney QC) in successful claim for a declaration as to the extent of the claimant’s obligation to take out a policy of latent defects insurance.
  • Successfully defending, at 3-day trial, a claim involving multiple allegations of defective work against a contractor. Indemnity costs awarded.
  • Acting (with Roger ter Haar QC) in ICC arbitration proceedings arising from a major construction project in the Middle East. Particular focus on extensions of time and liquidated damage provisions.
  • Achieving a favourable settlement in a dispute arising from the specification and supply of cranes at a number of major London construction sites.
  • Assisted Andrew Rigney QC, counsel for 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 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 workmanship.
  • Acting in dispute arising from the supply of allegedly defective insulation boards which raised various issues concerning the incorporation of standard terms and the application of the Unfair Contract Terms Act 1977.
  • Acting for a number of contractors in cases arising from the negligent design and/or manufacture of prefabricated bathroom units (with Andrew Rigney QC).
  • Adjudication concerning the payment mechanism of a non-standard form construction contract.
  • Adjudication concerning a dispute over the proper basis of payment for variations.
  • Acting for a subcontractor involved in a large construction project at a major national airport in a claim concerning various allegations of breach of contract and delay.
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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

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