The Team
Alex Delin

My practice spans contentious and non-contentious construction work: the procurement, design and delivery of projects, the contracts and appointments that underpin them, the resolution of disputes when they arise, and the remediation of buildings under the building safety regime.

Areas of Expertise

Dispute Resolution
Construction & Engineering Disputes
Health & Safety
Construction Projects
Facilities Management
Real Estate Development
Real Estate Litigation
Real Estate Occupiers
Commercial Litigation
Private Wealth Disputes
Green Energy
Construction & Engineering
Projects & Infrastructure
Real Estate
Professional Practices

Our Service

My practice spans contentious and non-contentious construction work: the procurement, design and delivery of projects, the contracts and appointments that underpin them, the resolution of disputes when they arise, and the remediation of buildings under the building safety regime.

I act for the full range of stakeholders in construction and engineering projects: developers, funders, freeholders, leaseholders, employers, contractors, subcontractors and professionals including architects, engineers and quantity surveyors.

My experience spans contentious and non-contentious work across residential, commercial, mixed-use and infrastructure projects, with each side of the practice informing the other. I draft and negotiate with an understanding of how provisions fare when tested in a dispute, and I run disputes with a clear grasp of the commercial objectives behind them.

I have particular expertise in complex construction projects relating to works carried out primarily under standard form JCT, NEC, RIBA and bespoke forms of contract, including where disputes emerge about defective design and workmanship, fire safety and cladding, payment (interim and final), suspension and termination rights. I regularly represent clients in adjudications, mediations and litigation in the Technology & Construction Court and Tribunals including Remediation Orders and Remediation Contribution Orders under the Building Safety Act 2022. 

In recent years, I have advised and represented parties involved with water treatment projects and a rapid response gas-fired power plant. I have also been leading many building safety mandates, with respect to both disputes and remediation projects under the Developer Remediation Contract and grant of funding by the Cladding Safety Scheme. I also act for clients served with improvement and enforcement notices under the Housing Act 2004. I sit as an adjudicator on the TECSA and UK Adjudicators panels, primarily under JCT, NEC, RIBA and bespoke forms of contracts.

I also have broader experience within and outside the real estate sector, having acted on transactions and in cases involving planning, joint venture agreements, unfair prejudice and winding up petitions.

Throughout the life of a project, I provide strategic advice to manage contractual and commercial risk with the aim of helping clients protect their position early, keep projects moving and, wherever possible, resolve differences before they harden into disputes.

Experience

Acting for a building owner in connection with remediating an external wall system and undertaking intrusive investigations over missing firestopping details following the Grenfell tragedy, including ongoing advice with respect to funding from the Cladding Safety Scheme and recovery actions for unfunded and funded costs.

Acting for a contractor in two adjudications under IChemE rules works carried out for a Greek conglomerate at two power stations in the UK, resulting in c.£17 million paid to my client for works performed representing c.95% of the value of the claim for outstanding payment. 

Acting for a building owner with respect to claims for breach of the Defective Premises Act 1972 and an assigned collateral warranty for c.£20 million against the original developer and contractor relating to the design and construction of a 30-storey residential tower in London identified to have had ACM cladding, missing cavity barriers, combustible timber walkways, insulation and defective firestopping. 

Acting for an independent college in a £7 million claim against their structural engineer relating to the design and construction of a new campus which suffered from a number of defects causing persistent water ingress. 

Acting for a subcontractor relating to claims for payment for measured works, variations to comply with NHBC standards, loss and expense and loss of profit in a final account dispute following the employer omitting work from the subcontractor’s scope throughout the lifetime of the works. 

Advising a contractor appointed on a modular residential project in Birmingham following the collapse of the main contractor, including drafting and negotiating key agreements including supply of goods, services and novation contracts as well as storage licences with the developer and the previous contractor’s administrators. This involved negotiations with four other law firms representing their clients’ interests in the project. Working together, we ensured the works could continue as planned under a new arrangement suiting all concerned parties. 

Acting for a contractor in a final account dispute with the employer under a JCT Design and Build Contract, 2024 edition including claims for extensions of time, loss and expense, variations, the true value of measured works performed until being alleged to have repudiated the contract, and responding to counterclaims for alleged contra charges. This necessitated obtaining evidence from expert delay analysts and quantity surveyors. 

Acting for a contractor in an adjudication with a hotelier which appointed it to carry out refurbishment works to a hotel in Kensington resulting in a significant balance returned to our client.  

Acting for a contractor appointed under a framework agreement with a local authority for reinstatement works when faced with a claim for approximately £3 million from one of its subcontractors, with the claim dismissed in its entirety which had threatened to be fatal to the contractor’s business incorporated since 1975. 

Defending an employer and a contractor in separate ‘smash and grab’ adjudications concerning the validity and timing of pay less notices and the label of notices issued during interim payment cycles. 

Advising administrators acting for a developer designing and constructing a state-of-the-art leisure complex following claims made by a contractor previously engaged on the project worth in the region of £15 million. 

Advising potential acquirers of Higher Risk Buildings under the Building Safety Act 2022 undertaking due diligence projects, particularly with respect to the existence of potential claims for Remediation Orders and Remediation Contribution Orders and enforcement notices issued by the local authority. 

Our People

Steven
Mash

Director of Business Strategy - Walgate Litigation Management, a division of Fladgate LLP
Meet Steven

Noah
Wortman

Head of Strategy, Walgate Litigation Management, a division of Fladgate LLP
Meet Noah