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BPE Solicitors LLP’s construction experience
April 2010




For further information please contact:
Jon Close (Partner)
Direct dial: 01242 248 278
Mobile: 07725 242 570
Email: jon.close@bpe.co.uk
Manchester-based property                        Mears Group Plc
REGENERATION &                                investment company
                                                                                               Review of maintenance tenders for
COMMERCIAL                                    Advice on the liability of a professional team   Birmingham City and South Liverpool social
                                              for the negligent design of a commercial site    housing regeneration.
PROPERTY                                      in Salford.



Marketing Gloucester Ltd                      Birmingham-based developer                       RBS/NatWest Plc

Advice on the procurement of their new        Issue of a nuisance claim against a global       Review of warranties, advice on step-in
headquarters in Gloucester.                   contractor at a prestigious city centre          rights and directors’ guarantees.
                                              redevelopment.




SG South Ltd                                  Golden Tulip Hotels UK Ltd/                      BMJ International Ltd
Successfully defended allegations of fraud,
                                              Whitbread Plc
                                                                                               Assorted contractual advice for fit-out works.
impecuniosity and set-off to enforce
                                              Procurement advice on the roll out of
adjudication decisions for work done
                                              numerous inner city hotel development sites
pursuant to a management contract for a
                                              across the UK.
market town regeneration programme.



South West local authority                    Lloyds TSB Bank Plc                              Jelf Group Plc

Health check of NEC3 professional services    Health check of construction documents and       Review of construction documents for fit-out
and framework agreement for a canal           high-level risk advice for various               of office headquarters.
regeneration project in the West Country.     developments.
CIVIL ENGINEERING

SCC Construction Ltd                             National civil engineering firm               A Shropshire-based trust

Successful issue of a final account claim        Advice in respect of claims against a UK      Review and advice in respect of a flood
and defence of a counterclaim in insolvency      supermarket for breach of a framework         remediation tender.
proceedings.                                     agreement and abortive costs, pursuant to a
                                                 letter of intent.



Global civil engineering firm                    Gloucestershire house builder                 Tripod Crest Contracts

£30m design defect claim involving dredging      £2m professional negligence claim against a   Contract advice regarding mining works in
works at a dry dock at Felixstowe.               consulting engineer for landslip damage.      Devon.




British Plc of a Danish food                     JP Group Ltd
distributor
                                                 Contract reviews in respect of Peugeot and
Defective workmanship claim involving            Audi car showrooms in the West Midlands.
subrogated rights for works carried out at its
depot in Rotherham.
HIGH VALUE RESIDENTIAL

Respected national project                    South West developer                        Danish house builder
management firm
                                              Claim for electrical defects at a concept   Expert determination of site defects on a
Successful pre-action settlement regarding    property in Dartmouth.                      development and ongoing strategic advice.
allegations of defects to a country mansion
in Devon.



UK house builder                              Surrey-based developer                      Gloucestershire-based restoration
                                                                                          contractor
TCC claim for increased NHBC premiums         Contractual advice for remedial work of a
against its subcontractor.                    residential development.                    Contract drafting for restoration works and
                                                                                          claims management.




Gloucestershire-based project                 Clearwater Plc
manager
                                              Defence of variation claims and contract
Advice on central London refurbishment        drafting.
contracts.
RETAIL

Somerfield Plc                                     Gloucestershire-based project                  Harvey Shopfitters Ltd
                                                   manager
Contract drafting for various retail park units.                                                  Turnkey contract review for the fit-out of
                                                   Recovery of professional fees from a UK        Co-operative stores.
                                                   food retailer at a development in
                                                   Cheltenham.



SuperGroup Plc                                     Dwell Retail Ltd                               Gloucestershire-based flooring
                                                                                                  contractor
Contracts advice for store fit-out in the UK.      Contracts advice in respect of fenestration
                                                   at Westfield Shopping Centre, Shepherds        Defending a defects claim regarding the
                                                   Bush.                                          flooring of an interiors and furniture retail
                                                                                                  unit in Yorkshire.



Pure Gym Ltd                                       Stone Theatre Ltd

Contract drafting for UK gym roll-out.             Contracts advice in respect of marble facing
                                                   defects at Westfield Shopping Centre,
                                                   Shepherds Bush.
MECHANICAL & ELECTRICAL

Event Power Services Ltd                        US systems engineer                              Allcooper Ltd

Advice over various payment disputes and        Successful defence of a £1.3m claim              Contracts advice ranging from warranties to
drafting of a framework agreement for use       involving the installation of an access and      Government framework agreements.
with UK racecourses for temporary power         fire alarm system at Citypoint, London.
supply and generation. Tender advice for an     Ultimately settled at mediation for a tenth of
oil and gas distribution plant.                 the claim.


Global engineering firm                         A Midlands football club

TCC matter at trial which ultimately settled,   Enforcement of warranties for the
involving two cases of significant defects      mechanical and electrical element of its
resulting from blast chiller and ground floor   stadium build.
slab installation in a food process plant in
South Wales.
TRANSPORT

National rail contractor                     South West engineering firm                    Gloucestershire-based steel roofing
                                                                                            subcontractor
Series of adjudications against (then)       PG9 public inquiries in front of the Traffic
Railtrack concerning final account defects   Commissioner.                                  Subcontract advice in respect of roofing
claims, pursuant to a framework agreement                                                   works at Paddington Station.
for the East Coast Mainline involving
pain/gain share.


Forkers Ltd

Contracts advice in respect of groundworks
with Network Rail.
PUBLIC SECTOR, EDUCATION & ECCLESIASTICAL

South West local authority                       Gloucestershire Airport Ltd                    Converge Networks Ltd

Health check of NEC3 professional services       Ongoing procurement advice for safety          Review of an IT installation subcontract for
and framework agreement for canal                upgrade works for a code 2c airport and        works at The National Star College,
regeneration project in the West Country.        surrounding redevelopment.                     Cheltenham.




Wildmoor Construction Ltd                        A South West university                        MHP Design Ltd

Successful settlement of various final           Successful defence of a lengthy adjudication   Review of appointments and warranties in
account disputes with a local authority.         involving final account payment plus           respect of the design of a new teaching
                                                 financial charges and interest.                facility in London.




Sisters of the Cross & Passion                   Trinity Church

Drafting a suite of appointments and             Procurement advice for new premises.
warranties for the construction of a spiritual
retreat in Northern Ireland.
ENVIRONMENTAL & RENEWABLES

London & European Mercantile Ltd           South West civil engineering firm               Fred Olsen Renewables

Contaminated land advice in respect of a   Defence of fly tipping offences and advice in   Drafting operational and maintenance
site in Cumbria.                           respect of asbestos management.                 contracts for a wind farm development in
                                                                                           Aberdeenshire.




Food retailer                              RSPB                                            Gloucestershire-based piling
                                                                                           subcontractor
Defence of abatement notices.              Review of ICE contract documents
                                           regarding the creation of a wetlands habitat.   Health checks of ICE contracts and
                                                                                           warranties for turbine construction at one of
                                                                                           the Olympic sites.
OIL, GAS & UTILITIES

Costain Plc                                               Wier Strachan & Henshaw Ltd                               Somerset-based electricity provider

Health check of EPC contracts.                            Various contentious advice.                               Defence of final account claims from Amec
                                                                                                                    relating to an electricity substation in
                                                                                                                    Avonmouth.




Baker Hughes Ltd                                          South Wales-based civil engineering                       Oxfordshire-based utility company
                                                          firm
Various contentious advice.                                                                                         Issue of a defects claim relating to a
                                                          Successful defence of a variation claim                   biomass plant in South Wales.
                                                          resulting from the defective design of a
                                                          petrol station forecourt.




BPE Solicitors LLP is a limited liability partnership registered in England and Wales with number OC349012 and is regulated by the Solicitors Regulation Authority.
The word ‘partner’, used in relation to the LLP, refers to a member of the LLP or an employee or consultant who is a lawyer with equivalent standing and
qualifications. Where a partner is also a member of the LLP, this will be stated. A list of the members of the LLP, and those non-members who are designated as
partners, is displayed at our registered office.

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Construction Sector Experience Apr 10 2

  • 1. BPE Solicitors LLP’s construction experience April 2010 For further information please contact: Jon Close (Partner) Direct dial: 01242 248 278 Mobile: 07725 242 570 Email: jon.close@bpe.co.uk
  • 2. Manchester-based property Mears Group Plc REGENERATION & investment company Review of maintenance tenders for COMMERCIAL Advice on the liability of a professional team Birmingham City and South Liverpool social for the negligent design of a commercial site housing regeneration. PROPERTY in Salford. Marketing Gloucester Ltd Birmingham-based developer RBS/NatWest Plc Advice on the procurement of their new Issue of a nuisance claim against a global Review of warranties, advice on step-in headquarters in Gloucester. contractor at a prestigious city centre rights and directors’ guarantees. redevelopment. SG South Ltd Golden Tulip Hotels UK Ltd/ BMJ International Ltd Successfully defended allegations of fraud, Whitbread Plc Assorted contractual advice for fit-out works. impecuniosity and set-off to enforce Procurement advice on the roll out of adjudication decisions for work done numerous inner city hotel development sites pursuant to a management contract for a across the UK. market town regeneration programme. South West local authority Lloyds TSB Bank Plc Jelf Group Plc Health check of NEC3 professional services Health check of construction documents and Review of construction documents for fit-out and framework agreement for a canal high-level risk advice for various of office headquarters. regeneration project in the West Country. developments.
  • 3. CIVIL ENGINEERING SCC Construction Ltd National civil engineering firm A Shropshire-based trust Successful issue of a final account claim Advice in respect of claims against a UK Review and advice in respect of a flood and defence of a counterclaim in insolvency supermarket for breach of a framework remediation tender. proceedings. agreement and abortive costs, pursuant to a letter of intent. Global civil engineering firm Gloucestershire house builder Tripod Crest Contracts £30m design defect claim involving dredging £2m professional negligence claim against a Contract advice regarding mining works in works at a dry dock at Felixstowe. consulting engineer for landslip damage. Devon. British Plc of a Danish food JP Group Ltd distributor Contract reviews in respect of Peugeot and Defective workmanship claim involving Audi car showrooms in the West Midlands. subrogated rights for works carried out at its depot in Rotherham.
  • 4. HIGH VALUE RESIDENTIAL Respected national project South West developer Danish house builder management firm Claim for electrical defects at a concept Expert determination of site defects on a Successful pre-action settlement regarding property in Dartmouth. development and ongoing strategic advice. allegations of defects to a country mansion in Devon. UK house builder Surrey-based developer Gloucestershire-based restoration contractor TCC claim for increased NHBC premiums Contractual advice for remedial work of a against its subcontractor. residential development. Contract drafting for restoration works and claims management. Gloucestershire-based project Clearwater Plc manager Defence of variation claims and contract Advice on central London refurbishment drafting. contracts.
  • 5. RETAIL Somerfield Plc Gloucestershire-based project Harvey Shopfitters Ltd manager Contract drafting for various retail park units. Turnkey contract review for the fit-out of Recovery of professional fees from a UK Co-operative stores. food retailer at a development in Cheltenham. SuperGroup Plc Dwell Retail Ltd Gloucestershire-based flooring contractor Contracts advice for store fit-out in the UK. Contracts advice in respect of fenestration at Westfield Shopping Centre, Shepherds Defending a defects claim regarding the Bush. flooring of an interiors and furniture retail unit in Yorkshire. Pure Gym Ltd Stone Theatre Ltd Contract drafting for UK gym roll-out. Contracts advice in respect of marble facing defects at Westfield Shopping Centre, Shepherds Bush.
  • 6. MECHANICAL & ELECTRICAL Event Power Services Ltd US systems engineer Allcooper Ltd Advice over various payment disputes and Successful defence of a £1.3m claim Contracts advice ranging from warranties to drafting of a framework agreement for use involving the installation of an access and Government framework agreements. with UK racecourses for temporary power fire alarm system at Citypoint, London. supply and generation. Tender advice for an Ultimately settled at mediation for a tenth of oil and gas distribution plant. the claim. Global engineering firm A Midlands football club TCC matter at trial which ultimately settled, Enforcement of warranties for the involving two cases of significant defects mechanical and electrical element of its resulting from blast chiller and ground floor stadium build. slab installation in a food process plant in South Wales.
  • 7. TRANSPORT National rail contractor South West engineering firm Gloucestershire-based steel roofing subcontractor Series of adjudications against (then) PG9 public inquiries in front of the Traffic Railtrack concerning final account defects Commissioner. Subcontract advice in respect of roofing claims, pursuant to a framework agreement works at Paddington Station. for the East Coast Mainline involving pain/gain share. Forkers Ltd Contracts advice in respect of groundworks with Network Rail.
  • 8. PUBLIC SECTOR, EDUCATION & ECCLESIASTICAL South West local authority Gloucestershire Airport Ltd Converge Networks Ltd Health check of NEC3 professional services Ongoing procurement advice for safety Review of an IT installation subcontract for and framework agreement for canal upgrade works for a code 2c airport and works at The National Star College, regeneration project in the West Country. surrounding redevelopment. Cheltenham. Wildmoor Construction Ltd A South West university MHP Design Ltd Successful settlement of various final Successful defence of a lengthy adjudication Review of appointments and warranties in account disputes with a local authority. involving final account payment plus respect of the design of a new teaching financial charges and interest. facility in London. Sisters of the Cross & Passion Trinity Church Drafting a suite of appointments and Procurement advice for new premises. warranties for the construction of a spiritual retreat in Northern Ireland.
  • 9. ENVIRONMENTAL & RENEWABLES London & European Mercantile Ltd South West civil engineering firm Fred Olsen Renewables Contaminated land advice in respect of a Defence of fly tipping offences and advice in Drafting operational and maintenance site in Cumbria. respect of asbestos management. contracts for a wind farm development in Aberdeenshire. Food retailer RSPB Gloucestershire-based piling subcontractor Defence of abatement notices. Review of ICE contract documents regarding the creation of a wetlands habitat. Health checks of ICE contracts and warranties for turbine construction at one of the Olympic sites.
  • 10. OIL, GAS & UTILITIES Costain Plc Wier Strachan & Henshaw Ltd Somerset-based electricity provider Health check of EPC contracts. Various contentious advice. Defence of final account claims from Amec relating to an electricity substation in Avonmouth. Baker Hughes Ltd South Wales-based civil engineering Oxfordshire-based utility company firm Various contentious advice. Issue of a defects claim relating to a Successful defence of a variation claim biomass plant in South Wales. resulting from the defective design of a petrol station forecourt. BPE Solicitors LLP is a limited liability partnership registered in England and Wales with number OC349012 and is regulated by the Solicitors Regulation Authority. The word ‘partner’, used in relation to the LLP, refers to a member of the LLP or an employee or consultant who is a lawyer with equivalent standing and qualifications. Where a partner is also a member of the LLP, this will be stated. A list of the members of the LLP, and those non-members who are designated as partners, is displayed at our registered office.