Experience

Amrik Kandola, Commercial Mediator 
 Experience

Overview
 
Over a career spanning 25 years I have worked with clients ranging from SMEs to FTSE 100 companies.  I have acted in numerous mediations spanning a range of commercial sectors.  I was recognised year on year by Chambers and Legal 500 directories as a leading lawyer in the construction & engineering sector.  I am delighted to be able to bring my extensive experience of representing a wide range of clients in mediations to the role of Mediator.
 
Professional Background
  
At Eversheds I built  and led a  construction & engineering practice recognised as one of the best teams not just in the Midlands but the UK.  I was also the firm's  Head of Utilities/Infrastructure and Head of Water Sector.  I was a member of the Eversheds LLP Main Board between 2011 and 2014.

My experience of dispute resolution includes construction & engineering claims (delay, disruption and financial disputes), commercial contract claims, defect claims, insurance claims related to the construction sector, product liability, mechanical plant & electrical installation claims, property development claims and professional negligence claims (architects, surveyors, engineers etc).   Whilst much of my practice was focussed on high value, complex and/or business critical matters I also have experience of smaller value claims.  I have acted in many matters which went to trial or arbitration hearings.   I was highly regarded by clients for my commercial approach which often resulted in matters being successfully resolved by negotiation (mostly mediation).    
 
My expertise and experience includes the following sectors:
• Construction & Engineering 
• Residential Property Development 
• Complex mechanical & electrical installations
• Power Generation Plants 
• Renewable Energy (solar, wind and bio-technology) 
• Pipelines & Cabling
• Commercial Property Development 
• Aviation
• Rail
• Highways
• Water
• Professional Negligence Claims (solicitors, surveyors, architects, engineers)
• Commercial Disputes
 
Experience
 
Residential Property
• Subsidence (lateral): acting in a substantial subsidence/heave claim on a residential development site (25+ properties affected) caused by a failure to install anti-heave products which, if specified and installed correctly, could have prevented foundation instability from later ground heave.
• Subsidence (vertical): at a large residential development site foundation movement caused above ground cracking to houses.  The movement was caused by rehydration of highly shrinkable clay soil following site clearance works which also included the removal of dense pockets of high water demand trees and large shrubs. The matter required an analysis of the extent of compliance with NHBC standards and the extent to which the developer, contractor and design team had discharged their respective contractual obligations.  In addition a number of claims arose from the homeowners affected. 
• Asbestos/Defects: acting for the developer in respect of the redevelopment of an old hospital site being converted to residential apartments and claims relating to large amounts of asbestos encountered during the investigation works and subsequent defects in the refurbishment.  Liability for the asbestos hinged on whether the asbestos ought to have been anticipated and priced for from the site information which was available pre-contract.
• Homeowner Class Actions: related to the issues of subsidence and heave, these claims relate to homeowner groups formed to pursue claims for damage to homes and related claims for expenses, defects correction and distress and inconvenience.   Related PR issues.
• Defects claims; (by reference to NHBC standards and/or development specific standards) on numerous developments throughout the UK over a 20-year period of acting on disputes in the residential development sector:
  • Failure to install damp proof course/membrane causing a cold bridge to form leading to damp and mould
  • Roof defects – claims relating to incorrect tile specification
  • Widow installation defects 
  • Leaching brickwork 
  • Physical discolouration and/or cracking to external brickwork/internal walls
  • Sound proofing claims at apartment developments
  • Noisy pipework
  • Construction/snagging defect claims generally
• Olympic Legacy; acting on claims related to the conversion of high rise buildings (which formed part of the London 2012 athlete’s village) into housing stock.  Typical issues arising included water ingress, ongoing maintenance liability and defects correction liability.  The claims related to the value of work carried out under framework agreements.  Claims for loss and expense based on daywork rates for labour  where the evidence provided to back up the £multi-million claims needed careful review .  
• Final Account, Interim Payment and Late Payment Disputes; acting on numerous claims relating to the value of works, the amount that should be paid by employers to contractors, and advising on contract rights/obligations for withholding sums by way of deduction, disallowed cost, set off or counterclaims and whether these are implemented in accordance with the Housing Grants Construction and Regeneration Act 1996.

Complex M&E Installations
• Chemical Installation:  claim related to the failure to reach specific performance standards at a large chemical plant resulting in claims for performance related liquidated damages and defect correction.  
•University Development:  defect and delay/disruption claims relating to the installation of a faulty systems at a campus development.  The defects potentially impacted the teaching environment.  Access for repairs had to be carefully managed to minimise disruption.  The contractor argued that it had been unduly delayed by alleged late/incomplete information from the employer whereas the employer had levied substantial liquidated damages for late completion caused by alleged contractor delay.
   
Power Generation/Supply Plant
• Combined Cycle Power Plant (CCHG): claims relating to the construction of a new power plant and delay/disruption claims and the imposition of very substantial liquidated damages.  The contractor client argued that its work was unduly delayed by interference from the employer and other trades causing substantial delays to the construction of its part of the works and therefore the project overall.  The employer sought to recover substantial delay related costs from the contractor. The claims and counter claims ran into several £millions. 
• Heat Recovery Steam Generators:  the installation of several HRSG stacks required hundreds of metres of pipework to be installed with pipe-lagging to an agreed specification.  Claims from the client contractor’s subcontractor arose due to impeded access to complete the works on time.  The quality of lagging used and consequential defect correction also gave rise to £millions claims for delay and additional disruption.  
• LNG: a very complex and high value dispute relating to the design, construction and commissioning of a pipeline (with associated infrastructure) to transport excess heat from a neighbouring power plant to an adjacent LNG facility .  Complex claims arose in respect of the design, construction and delivery of the project leading to large claims for additional costs (including for ground risk) and delays to the works.  
     
Renewable Energy
• Wind Turbine (on shore): claim for payment of fees for the design and development of 5 wind turbines across various sites.  Disputes arose as to the calculation of fees related to the future development/disposal value of the turbine assets.  A complex model was specified in the contract to calculate the fee payable but because the model was incomplete, claims arose as to what additional factors should be used to produce a proper and fair valuation for the turbine assets.
• Wind Turbines (on shore and off shore):  claims related to the design, construction and installation of windfarms.  Final account and delay/disruption claims.  Claims related to the late delivery of plant and equipment and shipper disputes.  
• Wind Turbines: defect claim including failure to achieve specified performance standards and quality defects in the construction/installation of turbines.  
• Biomass Project:  advising on a dispute in relate to a waste to energy plant.  Claims related to the design and construction of the facility (delay and disruption) and its ability to achieve the performance standards specified in the contract documents. 
 
Pipelines 
• High Pressure pipeline:  a very high value claim related to the design, construction and commissioning of a lengthy high pressure pipeline.  This was a complex project requiring the pipeline to traverse varied terrain including rivers, bridges, roads and miles of rural landscape.  Claims arose throughout the project relating to unexpected ground conditions, delays caused by weather events, land access issues and defect correction.  At the end of the project there were delay and disruption claims from the contractor whereas the employer client sought recover of very substantial liquidated damages for delay and assurances that defects would be resolved to enable the pipeline to be finally commissioned and operated.  
• Pipeline failure claim: this claim arose from a high-pressure pipeline which fractured under commissioning testing.  The incident and its subsequent investigation resulted in extensive delays to the project.  The cause of the commissioning failure became the subject of a protracted dispute with very substantial claims for delay and disruption.  
• Framework Agreements; advising on a claim arising from works carried out under a framework contract; in particular how pain/gain share mechanisms in the NEC contract should be operated to determine the balancing payments due between the employer and the contractor.  
• Final Account, Interim Payment and Late Payment Disputes; acting on numerous claims relating to the value of works, the amount that should be paid by employers to contractors, and advising on contract rights/obligations for withholding sums by way of deduction, disallowed cost, set off or counterclaims and whether these are implemented in accordance with the Housing Grants Construction and Regeneration Act 1996 (if applicable).
• Pipe Renewal/Relocation:  a local authority was upgrading housing stock and part of the works involved renewing/relocation utility pipes serving the properties.  Claims arose when the pipes were found to be leaking and whether the pipes were already in disrepair or whether the leaks were caused by negligence in the works to remove/re locate pipes.  Regulatory rules on the right to work on the pipe network had to be reviewed.

   
Commercial Property 
• Distribution Warehouse: claim relating to the concrete floor installed at a large distribution warehouse.  The key issue related to the way the concrete was poured in sections in combination with the installation of reinforced steel bars causing air pockets to be formed.  Post completion, the floor began to deteriorate rapidly under use. Claims arose for defects in the design and/or construction of the floor slab.  Substantial remedial works had to be undertaken causing significant loss of use of the warehouse and consequential loss and expense to the warehouse operator.
• Technical College: during the construction of a large extension to an existing facility new hot/cold water pipework was installed.  Post completion there were many leaks and floods and the cause was identified as leaking pipes.  The copper pipes showed signs of pitting.  Claims arose as to the design, manufacture and installation of the pipework.
• Hotel Development: A claim in relation to the specification of a brand-new hotel and whether the turnkey project met the requirements for a 4 Star classification.  In various respects, including the size of rooms and quality of fixtures and fittings, the hotel fell below the requirements specified by the employer under the JCT contract which was used to procure the works.  The dispute involved a detailed investigation of the employer’s requirements and the extent to which the contractor’s design satisfied those requirements. 
• Hotel Development: The redevelopment of a landmark building into a hotel.  Various claims including delay and disruption in completion, the imposition of liquidated damages for delay, the performance of the specialist M&E for hot water heating and maintaining levels of ambient temperature and defects correction.  The project was backed by a very complicated funding arrangement which also led to complex warranty claims under the funding agreements.
• University Accommodation: a claim about the materials used for the new construction and refurbishment of adjoining existing halls of residence.  
• New University Campus: acting on a series of claims and disputes for defects, delays and disruption for the construction of a new inner city university teaching campus. 
•Department Store: acting for a major retailer who was upgrading and refurbishing part of its premium retail space.  Disputes arose as to the quality of the work undertaken including floor level issues and quality of materials used.  Issues also arose around access for repairs whilst minimising disruption to ongoing retail operations.  Remedial works had to be completed at night which increased the overall costs in dispute.
• Office New Builds: various cases involving the design, construction and completion of office developments in city centre locations.  Issues include:  
  • Delayand disruption
  • Warranty claims during defects liability and after expiry of the defects period
  • Landlord repair obligations versus tenant obligations to repair and maintain
  • Sound proofing/attenuation claims
  • Glazing issues including failure to achieve required standards for effective protection from terror attacks and bomb blast
  • Curtain walling issues
• Landmark Mixed Use Development: acting for the developer on a landmark redevelopment of a city centre industrial building into a mixed use (offices, retail, leisure and residential) development.  Claims in relation to the design, construction and post completion maintenance of the development arose over several years.  Claims related to the performance of the design team and contractors at various points over the life of the project giving rise to numerous adjudications, mediations and complex negotiations throughout.
• Bond/Warranty Claims; advising on claims relating to the calling on a warranty following the insolvency of a main contractor and arranging for the works to be completed by alternative contractors.
• Payment Claims; acting in numerous adjudications and mediations over many years arising from the late payment or failure to pay sums certified/due as interim payments (or otherwise) under the Housing Grants Construction and Regeneration Act 1996.
 
Aviation
• Airport Developments; advising on claims relating to works to create new retail space and landside passenger facilities at a major UK airport.
• Baggage Hall; advising on claims related to the design, construction and commissioning of a new baggage handling hall at a UK airport.      
• Airport Terminal Extension; advising on claims related to the construction of a new terminal building including the installation of plant and machinery for passenger boarding bridges.  
•Runway Resurfacing; advising on claims relating to the design and construction of a runway extension at a major airport and related airfield infrastructure works.  This included claims for delay and disruption and the imposition of liquidated damages.  The dispute centred around ground conditions and the extent to which weather events under the NEC contract were triggered.  Understanding how the claims would impact the ongoing airport operations were another key issue.
• Airport Infrastructure Works; advising on a claim relating to the construction of new stands and associated earthworks. Claims related to how excavated materials should be dealt with (i.e. reused on site subject to specific performance parameters or disposed off-site).  Unforeseen ground conditions, weather events and the performance capacity of the access road connecting the new stands area to the main terminal building were key areas of dispute.

Rail/Highways
•Overground Station Redevelopment; advising on claims relating to the upgrading of stations and defects leading to the temporary closure of passenger services due to post completion defects.  
• Underground; advising on delay and disruption claims regarding on-going maintenance works of part of an underground system .
• Local Authority Highway Works; advising a local authority on claims relating to the design and construction of highway extensions and related bridge works in a city centre location.  Issues arose around the quality of pre contract site information from the design team, the extent to which site information had been incorporated into the main contract and the consequential risk allocations for ground conditions and its potential impact on pain/gain share mechanisms.
• Unforeseen Ground Claim; advising on construction delays and associated loss and expense claims in respect a new highway at an industrial site.  Issues around unforeseen ground conditions and unexpected services being encountered leading to substantial project delays and the extent to which under the contract these were at the risk of the client or the contractor. 
• Payment Claims; acting in numerous adjudications and mediations over many years arising from the late payment or failure to pay sums certified/due as interim payments (or otherwise) under the Housing Grants Construction and Regeneration Act 1996.

Water
•Sewer Requisitioning:  acting in claim relating to the request from a developer to a water utility to provide connection services for new sewers for a housing development.  Disputes arose as to how the costs for providing the works should be calculated and where the connections points should be.
• Water Infrastructure; acting in various claims for the design, construction and commissioning of infrastructure works for the water network including e.g. sewage treatment works, pumping stations and water pipelines. 

Cabling
• Broadband Cabling; acting for a contractor specialising in the installation of broadband cabling/fibre installation in highways and claims relating to the delay and disruption to roll out works.
• Defects; acting on claims in relation to defects subsequently discovered in the installation of cable/fibre.  One claim related to the quality of construction of access man holes to the installed network with many installations being affected across a large geographical area.
• Payment Claim; a dispute as to the basis of payment for works under a long-term framework agreement which included trigger dates when rates were to be increased over the lifetime of the contract.  The claim involved issues of late payment liability and whether rates were the subject of upwards revisions based on published rates of inflation.
  
Professional Negligence
In all the above areas of work, acting at various times in claims for/against consultants and professionals where their work has been negligent:
• Claims against solicitors for alleged negligent legal advice, including claims for negligent drafting of documents.
• Claims relating to a civil engineer for the alleged negligent design of foundations and failure to provide for the installation of anti-heave polystyrene to prevent risk of horizontal foundation movement
• Claims relating to a civil engineer for the alleged negligent design of foundations and failing to take account of the effect of removal of high water demand tress on the performance of foundations in circumstances where the soil was highly likely to re hydrate causing vertical movement in properties over long periods of time.
• Claims relating to an architect for the alleged negligent design of a hotel and failure to achieve  specified accreditation 
• Claims relating to a quantity surveyor for allegedly failing to properly project manage the costs of a development and over valuation of interim payments to contractors
• Claims relating to a structural engineer for allegedly failing to specify the requirements for the construction of a warehouse floor slab
• Claims relating to a civil engineer for allegedly failing to design and project manage the construction of a high-pressure gas pipeline project
• Claims relating to a project manager for the alleged inadequate project management of a university campus redevelopment including the failure to ensure that systems were commissioned and tested on time and to the correct standards.
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