Print Stefan Cucos
Stefan concentrates chiefly on contentious matters and has assisted in acting for contractors, sub-contractors and employers, as well as for private clients, in litigation, international and domestic arbitration and adjudication. Stefan is also familiar with the many forms of alternative dispute resolution including mediation and is an accredited mediator.
Stefan has experience with the major standard forms of contract, including FIDIC, JCT, NEC and ICE standard forms, and advises on a wide range of bespoke contracts including consultancy agreements and collateral warranties.
Stefan’s practice concentrates on both the UK and international market. Stefan has had experience advising on disputes relating to wind power, water treatment plants, process and power plants and commercial and residential developments.
Examples of Stefan’s expertise include:
Contentious advice
- Acting for a UK health services provider claiming £11.2m for breach of contract against an employer in a High Court action. The matter settled out of court.
- Advising a main contractor against a sub-contractor in relation to the seeking of a declaration as to the meaning of a “mechanism for allowing an Extension of Time” where a previous adjudication had ruled Time at Large in favour of the subcontractor.
- Advised on the successful resisting of a winding-up petition against a contractor client by obtaining and maintaining an injunction to prevent that petition being advertised and obtaining indemnity costs order for my client in the Companies Court and in parallel High Court proceedings;
- Acting for a leading international contractor against an overseas sub-contractor to overturn a decision in the Dutch Court that had allowed the sub-contractor to prevent the calling of an On-Demand Bond.
- Acting for a major UK fit-out company in litigation against an employer in defence of a claim alleging a failure by the contractor to advise as to the employer’s compliance with a dilapidations clause. Also advised on indemnity costs when the claim was discontinued;
- Acted for a large UK contractor in obtaining and continuing a freezing injunction against an overseas-based employer on the basis that there was a real risk of dissipation of assets.
- Acted in numerous of High Court TCC proceedings to enforce adjudicators’ decisions for both employers and contractors.
Non-contentious advice
- Assisted in the drafting of a Framework Agreement for a partnership of health trusts.
- Advised in the drafting of a main building contract and a suite of consultants’ appointments and collateral warranties for a leading university’s re-development in central London;
- Advising an employer/off-shore developer team over two phases of a development in the City of London in the negotiating and drafting of a suite of consultant appointments and collateral warranties under a JCT Management Contract.
Stefan’s involvement in reported decisions includes:
- Chorus Group Limited v Berner (BVI) Limited & JJW Limited [2006] EWHC 3622 (TCC)
- Multiplex Construction Limited v Honeywell Control Systems [2007] EWHC 236 (TCC)
- DGT Steel and Cladding Limited v Cubitt Building and Interiors Limited [2007]
- Cubitt Building and Interiors Limited v Fleetglade Limited [2007] 110 Con LR
- Vitpol Building Services Limited v Michael Samen [2008] EWHC 2283 (TCC)
- Walter Lilly Limited v DMW Developments Limited [2008] EWHC 2283 (TCC)
Other activities
- Accredited Mediator
- Stefan contributes Reports for Construction Industry Law Letter and various on-line legal knowledge providers
- Stefan is a member of the Law Society and the Society of Construction Law
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