Thomas Young

Thomas Young
Thomas Young
Associate
tyoung [at] fenwickelliott [dot] com (Email Thomas)

Thomas specialises in the resolution of construction, engineering and energy disputes through the courts, arbitration, adjudication and all forms of Alternative Dispute Resolution with an emphasis on resolving matters before costs escalate.

Thomas’ practice spans both the domestic and international markets, including the UK, Europe, Russia, Middle East and Asia. Sectors in which Thomas has experience resolving disputes include oil and gas, water treatment, tunneling and water mains, infrastructure, wind power, process and power plants and commercial and residential developments.

Thomas also has experience with all the major standard forms of contract, including FIDIC, JCT, NEC and ICE forms, and advises on a wide range of bespoke contracts.

Specialist expertise
Thomas acts for clients at all levels of the supply chain, including employers, contractors and designers, and has a particular expertise in ICC arbitration and multi-party litigation.

Examples of Thomas’ expertise include:

  • Acting for a UK subsidiary of a global consulting and engineering organisation in the defence of £8 million claim relating to geotechnical advice for the construction of a UK shopping centre in the Court of Appeal and Technology and Construction Court.
  • Acting for a Korean contractor in relation to disputes arising from a US $182 million desalination project in the Middle East, including delay and disruption claims, liquidated damages claims in excess of US $30 million and issues relating to the performance bond.
  • Acting for the operator of a oil pipeline in the Caspian region in an ICC arbitration against a consortium of oil majors in relation to disputes in excess of US $200 million arising out of a long term operating agreement.
  • Acting for a major UK pipeline and tunneling contractor against a UK utilities company in relation to a £4 million arbitration claim. This dispute concerned responsibility for damages flowing from a water main failure and was ultimately resolved through mediation and negotiation.
  • Acting for a Dutch contractor in relation to disputes with an employer and subcontractor arising out of the construction of a 270 MW power plant under an EPC contract in Kazakhstan. Total value of the works is US $570 million.
  • Acting for a European contractor in relation to dispute over responsibility for the delays in the construction of turbine platforms for an offshore wind farm.

Thomas’ reported decisions include:

  • Norwest Holst Ltd v Danieli Davy Distington [2007] All ER (D) 120 (Jul)
  • J Murphy & Sons Ltd -v- Johnston Precast Ltd [2008] EWHC 3024 (TCC)
  • J Murphy & Sons Ltd v Johnston Precast Ltd [No 2 Costs] [2008] EWHC 3104 (TCC)
  • Gwelhayl Ltd v Midas Construction Ltd & Anor [2008] EWHC 2316 (TCC)
  • Rust Consulting Ltd v PB Limited [2010] EWHC 3243 (TCC)
  • Rust Consulting Ltd v PB Limited [2011] EWHC 1622 (TCC)
  • Rust Consulting Ltd v PB Limited [2011] EWCA Civ 899 (Court of Appeal)

Other activities
Thomas regularly contributes articles to the Construction Industry Law Letter, the Practical Law Company and the International Pacific Bar Association Journal.

Thomas’ memberships/positions include:

  • Member of the Society of Construction Law
  • Member of the International Pacific Bar Association
  • Member of the LCIA Young International Arbitration Group

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