Nicholas Gould

Nicholas Gould

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ngould [at] fenwickelliott [dot] com (Email Nicholas)

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Nicholas conducts a mix of contract drafting, strategic project advice and dispute resolution work. He acts in a wide range of construction sectors in the UK and internationally, including general construction, transport, communications, industrial, process plant, petrochemical, and energy. A solicitor and chartered surveyor, his dual qualifications provide a layer of expertise that adds a practical level to his work. Noted by Chambers and Partners as "very well known in the field", his industry background reassures clients that he has a "good grasp of the issues." According to the IBA's Who's Who Legal Construction he is "revered for his "excellent mind"." The IBA’s International Who’s Who of Business Lawyers Today listed Nicholas as one of the ten most highly regarded individuals internationally for construction law.

Nicholas has vast experience dealing with contracts of various forms including FIDIC, ICE, NEC, JCT, PPC, IChemE, M/F, GC/Works, BPF/ACA, ACE, RIBA, and various EPC, EPCM and PFI/PPP contracts. Nicholas also deal with subcontracts such as NEC, Dom 1 and 2, ECA, FCEC Blue Form, JCT. Procedural rules; DIAC, CEDR, ICC, UNCITRAL, ICE, SIAC, CIMAR, LCIA, FIDIC, CIArb, TeCSA, CIC, and the Scheme. He led the drafting of CEDR’s Project Mediation Procedural Rules.

Specialist expertise
Nicholas is an expert in dispute resolution where his experience spans litigation, arbitration (domestic and international), adjudication, DAB/DRB, mediation, early neutral evaluation and expert determination. He has also conducted Government funded research into construction dispute resolution. He regularly acts as a mediator in construction, engineering and commercial disputes, and sits as adjudicator on international Dispute Adjudication Boards and as arbitrator.

Examples of Nicholas’ expertise include:

• Providing contractual and claims advice in respect of a JV agreement and EPC turnkey agreement for a 900 MW oil fired steam power plant and desalination plant. Project cost US$1.8 billion, with claims circa US$ 300million.
• Acting for one of the world’s largest specialist power station contractors in respect of a substantial extension of time and prolongation claim under a bespoke EPC contract. Advice in respect of the dispute resolution provision comprising mediation, contractual adjudication and High Court litigation.
• Advising an airport owner regarding a £4.2 billion airport development in respect of claims under bespoke NEC based partnering packages for the building management system and related claims.
• Advising a government’s transport ministry in respect of a new metro system.
• Acting for a joint venture contractor in relation to a potential high value (circa £150 million) dispute arising from a UK off shore wind farm project. Advising on various contractual issues, entitlement to extensions of time and associated additional costs as a result of variations and developing overall strategy.
• Acting for the National Energy Authority of a Government to advise on and defend an ICC arbitration for the construction of a hydroelectric dam in Asia.

Other activities
Nicholas is a Senior Visiting Lecturer and an Executive Committee Member, at the Centre of Construction Law, King's College, London, and an assessor for the Commercial Management MSc at UMIST. Nicholas regularly lectures at King's College London, for ICC, DRBF, IBC at their summer school at Cambridge University, ICE, RICS, UMIST, CEDR together with a variety of in-house and ad hoc lectures. Video includes: Einstein Network; Mediationfirst; and a live radio appearance on BBC Southern Radio. Nicholas chaired IBC First Construction Law Web Congress.

He has published widely in the area of construction law and dispute resolution, and won a Silver Award at the CIOB Literary Awards in 2000 for his book Dispute Resolution in the Construction Industry published by Thomas Telford. The Rt. Hon Sir Philip Otton described the book as "the most fascinating publication to come across [his] desk for many a year."

Nicholas was also lead author of 'Mediating Construction Disputes: An Evaluation of Existing Practice' (2010) which received a CEDR award for excellence. The Rt Hon Lord Woolf commented in the House of Lords in January 2010 that: “Mediation is no longer a novelty in the UK. … Commendably, a solicitor, Nicholas Gould, has now with the assistance of a team of supporters completed research for King’s College London … As I would expect, the survey showed that the process led to a saving of time and cost in a significant number of cases. I warmly congratulate Mr Gould and his team on the empirical data that they have assembled.”

Nicholas’ memberships/positions include:

• Chairman of the ICC’s International Expertise Sub-committee
• Member of the Dispute Resolution Board Foundation (DRBF) and President of Region 2 of the DRBF.
• Past chairman of and current case editor for the Adjudication Society
• Fellow of the Royal Institute for Chartered Surveyors (RICS) and the Chartered Institute of Arbitrators (CIArb)
• Member of King's College Construction Law Association (KCCLA)
• Member of International Chamber of Commerce (ICC)
• Member of the London Court of International Arbitration (LCIA)
• Member of the International Bar Association
• Member of The Technology and Construction Solicitors Association (TeCSA)
• Publicity Officer of the CCG
• Former Chairman of the Society of Construction Law
• Freeman of the Worshipful Company of Arbitrators
• Accredited arbitrator for DIFC-LCIA Arbitration Centre, Dubai

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