Sahana Jayakumar

Construction

Sahana has experience of construction disputes covering adjudications, litigation and arbitration. She is familiar with the major JCT standard forms as well as bespoke agreements used for international projects, and has covered disputes involving Defective Premises Act 1972 claims, liability under the Building Safety Act 2022, contractual interpretation, termination, defective works, delay and payment issues. Sahana has particular experience of cases involving a crossover between insolvency and construction law issues.

Sahana is the editor of the chapters on Third Party Rights and Adjudication in Emden’s Construction Law by Crown Office Chambers.

Adjudication

Sahana has experience of integrating seamlessly as part of a team to prepare and respond to submissions at short notice in adjudication proceedings. She provides tactical advice at all stages of the adjudication and has acted in enforcement proceedings involving unusual points of law and insolvency issues.

Selected Cases

A Housing Association v A Main Contractor – Advised and drafted submissions responding to an adjudication in which the referring party claimed £5.5 million for alleged fire safety defects in a residential block. The matter was withdrawn from adjudication following receipt of the response and a robust jurisdictional challenge.
Shaylor Group Limited (in administration) v Valescure Property Limited (in liquidation) [2024] EWHC 750 (TCC) – Acting on behalf of a company in administration in an unusual Part 8 claim brought by the successful party following an adjudication. The case provides guidance on the interpretation of the Employer’s obligations under clause 8.7.4.3 of the JCT Design and Build terms and a detailed analysis of when a court will exercise its discretion to grant declaratory relief.
Giant Trading Company (in liquidation) v Z&K Partners Limited (11 September 2023, Central London CC) – Acting on behalf of a Claimant company in liquidation seeking to enforce an adjudication award in its favour. Sahana was successful in obtaining summary judgment on behalf of the Claimant despite its insolvent status and the difficulty of enforcing adjudication awards in such circumstances since John Doyle v Erith.
G&D Brickwork Contractors Limited v Marbank Construction Limited [2021] EWHC 3009 (TCC) – Sahana acted for the responding party in the underlying adjudication, in which the response was served without prejudice to the primary case that the adjudicator had no jurisdiction in the matter. Dermot Woolgar appeared in the High Court in relation to the Part 8 Claim in which enforcement of the adjudicator’s award was refused on the grounds of abuse of process.
A Main Contractor v A Subcontractor – Acting in an adjudication regarding allegedly defective installation of pipework. Through her submissions, Sahana persuaded the adjudicator that the referring party’s expert evidence was technically unsound.

Defects, Fire Safety and Building Safety Act 2022

Sahana has acted in and advised on issues regarding defective work and potential liability for remediation contribution orders and building liability orders under the Building Safety Act 2022. In particular, Sahana has experience of working with expert witnesses to quickly get to grips with issues of fire stopping, fire resistance and remedial works in fire safety cases.

Selected Cases

Toppan Holdings Ltd & Anor v Augusta 2008 LLP [2025] EWHC 1691 (TCC) (led by Michele De Gregorio) – Sahana assisted with drafting the defence and counterclaim in a fire safety claim for £6.7 million.
Dunelm Geotechnical & Environmental Limited v Bray Cranes Limited [2023] EWHC 2661 (Comm) – Acting as sole counsel in a three-day trial in a claim for breach of contract. The trial concerned the incorporation of Construction Plant-Hire Association Standard Terms into a contract for crane hire and a lift.
Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2022] EWCA Civ 823 (led by Michele De Gregorio) – Acting as junior counsel for the Respondent in a significant case concerning whether a collateral warranty was a construction contract within the meaning of s.104 of the Housing, Grants, Construction and Regeneration Act 1996.
A Commercial Lender v Supplier – Acting on behalf of a lender following the assignment of a debt for the supply of windows, doors and conservatories to a contractor. The claim was defended on the basis of an entitlement to set-off under contractual warranties given by the supplier.
Re a Contractor – Advising a main contractor facing a claim from a lender who purported to have been assigned the debts of a supplier pursuant to s.136 Law of Property Act 1936. The advice involved considering issues of the legality of the assignment, any potential estoppel by representation and a battle of the forms between the parties’ standard terms and conditions.
A Company v A Heating Systems Installer – Acting for the defendant in a claim regarding the allegedly defective installation of biomass combined heat and power systems on a farm. The claim involved allegations of misrepresentation and a detailed analysis of the operation of the Renewable Heat Incentive Scheme Regulations 2011.
A Main Contractor v A Specialist Electrical Subcontractor – Drafting a defence to a claim worth £700,000 concerning the allegedly defective installation of busbar for the supply of electricity in a large commercial office block.
2 Homeowners v (1) A Contractor and (2) an Architect – Drafting pleadings on behalf of a contractor in a claim for allegedly defective construction works at a residential property.
A Homeowner v A Contractor – Advising and drafting pleadings in a claim against the builder and seller of a residential property relating to damage caused by subsidence and involving breaches of the DPA 1972, negligence and allegations of fraudulent and/or negligent misrepresentation prior to the sale of the property.

International Construction Arbitration

Sahana has experience of acting in international construction arbitrations involving issues of variations to the scope of works, delay, the wrongful termination of contracts and the quantification of costs to complete.

Sahana is particularly familiar with disputes in the Middle East, having spent time as a Pegasus scholar working for a renowned law firm in Dubai and assisting the Registrar in the DIFC Courts.

For more information on Sahana’s international practice, please refer to her International Arbitration profile.

Selected Cases

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Awards

Completed the South Eastern Circuit Bar Mess Foundation International Advocacy Course at Keble College, Oxford
Norman Tapp Memorial Prize, Grays Inn
Internship Award, Grays Inn
Pegasus Scholarship, Inner Temple
Jonathan Brock KC Memorial Prize, Runner-up, LCLBA – “Forum non conveniens: Is Spiliada still fit for purpose or holed below the water-line?”
International Professional and Legal Development Grant 2019, Bar Council

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