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Richard Sage

Call 2006

Construction & Engineering

Richard has established an extensive practice in the field of construction and engineering disputes. Richard acts for employers, contractors and sub-contractors, and related construction professionals. Richard undertakes drafting and advisory work, and regularly appears in the County Court, High Court (TCC) and Court of Appeal, both in his own cases, and as junior counsel. Richard is also instructed to act in adjudication and arbitration disputes. In 2013 Richard was awarded a distinction in the Kings College MSc in Construction Law and Dispute Resolution. Richard is a co-author of Emden on Construction Law.

Selected Cases

  • Acted (led by David Sears QC) for M&E contractors in a substantial dispute arising out of the construction of a college.
  • Acted (led by Ben Quiney QC) in construction defects insurance dispute arising from various warranties provided on a multi-million euro asset purchase, which involve issues of Austrian law.
  • Counsel for Highways England in several disputes arising out of construction of highways infrastructure.
  • Counsel for M&E contractors in dispute arising out of installation and operation of energy efficiency technology in national supermarket chain.
  • Counsel for electrical contractors in a TCC claim brought by two major British retailers in respect of the installation, commissioning, testing and certification of electrical switchgear.
  • Acting for main contractors in a claim brought by sub-contractors following the overturning of a piling rig on a building site.
  • Acted for design and build contractors of a school extension in a claim arising out of water ingress caused by alleged defects in the design and construction of the building.
  • Acted for civil / structural engineers in claim for unpaid fees following design of bus depot. Involved issues of contractual interpretation and allegations of professional negligence.
  • Acting for owners of a warehouse in a claim against design and build contractors arising out of defects in the design and construction of the roof.
  • Acting for sub-contractors in a substantial TCC dispute arising out of underpinning works connected with a large basement extension in London.
  • Acted for sub-contractors in c.£4m dispute involving allegations of defective piling / ground improvement leading to the settlement of a leisure centre.
  • Acted for main contractors in a substantial TCC dispute concerning the termination of a large petro-chemical process plant.
  • Acted for defendant in dispute arising out of damage caused to property as a result of building works, and effect of Party Wall Act.
  • Acted for electrical contractors in substantial dispute involving allegations of defects in the design, supply, installation and commissioning of an off-shore windfarm.
  • Acted for property owners in negligence claim against a leading British firm of gas engineers arising out of defective works that resulted in a flood
  • Acting for building contractors in a c.£400,000 claim following a fire at a listed residential property, involving allegations of negligent construction work and / or breach of contract.
  • Acting for firm of architects in professional negligence claim involving allegations of negligent over-valuation of contractors’ applications for payment.
  • Acted for main contractor in a c.£1m final account dispute, including issues of offer and acceptance, acceptance of terms by conduct, and whether sub-contactor entitled to a quantum meruit.
  • Acted for main contractor in enforcement of an adjudicator’s decision involving arguments regarding (i) the scope of the slip rule, (ii) the effect of declaratory decisions in adjudications, and (iii) whether the adjudicator’s jurisdiction extended to ordering sums to be paid to the respondent.
  • Acted for sub-contractor in enforcement of adjudication decision involving issues of whether contract terms were incorporated by a course of dealing, and whether an oral contract was “evidenced in writing” for the purposes of s.107 Housing Grants, Construction and Regeneration Act 1996.
  • Acted (led by Michael Curtis QC) as junior counsel for contractors in a £2m arbitration arising out of transport infrastructure refurbishment works. Disputes arising under NEC2 included (i) the consequences of a contractor failing to supply contractually compliant programmes; (ii) the impact of compensation events, and the contractor not notifying the project manager of the compensation events, and (iii) how the Fee, Actual Cost, and Price for Work Done to Date were to be calculated.
  • Acted for building contractor in a dispute over the validity of an arbitration agreement and the employer’s entitlement to a stay under s.9 of the Arbitration Act 1996
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Awards


  • Arbitration Club Phillip Ranner Prize
  • Kings College Construction Law Association Prize
  • Lord Mansfield Scholar (BVC), Lincoln’s Inn
  • Lord Haldane Scholar (CPE), Lincoln’s Inn

News


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Qualifications


  • BA History (First Class), Oxford University
  • CPE (Distinction), City University
  • BVC (Very Competent), BPP University
  • MSc Construction Law & Dispute Resolution (Distinction)

Memberships


  • Technology and Construction Court Bar Association (TECBAR)
  • Society of Construction Law
  • Adjudication Society
  • Young International Arbitration Group
  • Professional Negligence Bar Association
  • Commercial Bar Association (COMBAR)
  • London Common Law and Commercial Bar Association (LCLCBA)

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