Richard Bailey

Richard Bailey
Richard Bailey
Associate
rbailey [at] fenwickelliott [dot] com (Email Richard)

Richard specialises in the resolution of construction and engineering disputes through the courts, arbitration, adjudication and all forms of Alternative Dispute Resolution. Richard is also experienced in a wide range of standard contracts including all forms of JCT, DOM/1 and 2, NEC, PPC 2000 and ICE as well as numerous bespoke forms of contract, including Framework Agreements, EPC, process engineering and PFI Projects.

He has considerable experience in adjudications including applications to enforce adjudicators’ decisions and the effect of insolvency on the enforceability of an adjudicator’s decision. Richard has been involved in disputes regarding infrastructure projects, light rail, EPC contracts, contaminated land issues, M&E, PFI agreements, modular buildings, hospitals, residential developments, data centers and fit-out projects and sports stadia ranging in value from £50 million to £50,000.

On the non contentious side, Richard advises on the drafting of Terms and Conditions of Contract, professional appointments and amendments to standard forms of contract, warranties, bonds and conducting negotiations on behalf of clients with employers, Main Contractors, Sub-contractors, funders and insurers. He acts for Employers, Consultants, Contractors and Sub-contractors. Richard has been involved in advising on PFI agreements, modular buildings, hospitals, residential developments, sports stadia, fit outs, process plant, office developments, data centers and laboratories. Richard strongly believes in giving clients clear practical advice to resolve the clients claim to achieve the most cost effective and beneficial outcome for the client.

Specialist expertise
Richard specialises in acting for contractors both advising on contractual issues and claims and is experienced in all forms of UK Constructions including fit-out, M&E, complex data centre and process plant issues. Richard also has particular expertise in multi-party litigation. He has acted on a number of high-value, multi-party disputes in the Technology and Construction Court, ICC arbitration, adjudication and in mediations. He also has Involvement in environmental issues in construction including remediation and brown field development.

Examples of Richard’s expertise include:

  • Acting for major contractor in dispute relating to development of pharmaceutical works. Amount in dispute £2m
  • Acting for a Employer in a dispute regarding a major chemical works development. Amount in dispute £25m
  • Advising contractor regarding a £50m per year framework agreement. Framework value in first year £50m
  • Advising international EPC contractor in connection with documentation to bill paper mill. Project value £20m

Other activities
Richard has written a number of articles for industry journals and briefing notes for client on up to the minute contractual issues. Richard has spoken widely giving numerous talks on important legal issues both at conferences and at tailored in-house seminars. Richard completed the MSc in Construction Law and Arbitration at King’s College London. He organises the Junior Society of Construction Law including arranging site visits, lectures and the annual Joint Organisations Boat Trip. Richard is the Treasurer of the Society of Construction Law, an elected Council Member and extremely active in furthering the needs of the construction industry through the use of modern technology.

Richard’s memberships/positions include:

  • Treasurer of the Society of Construction Law and an elected member of the Society of Construction Law Council
  • Member of TeCSA
  • Member of King’s College Construction Law Association
  • Member of the LCIA Young International Arbitration Group

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