REPRESENTATIVE EXPERIENCE
Matthew E. Smith
Rail
Advising an international consultant in relation to three projects on the East Link Extension program in Seattle, Washington.
Advising a global provider of transport solutions in relation to potential claims against the contractor working at three of their major train maintenance centres relating to defective fueling and pumping systems.
Advising on a high-profile railway construction project in respect of disputes with the contractor responsible for the design and construction of a train station as part of project. One dispute related to a supplemental agreement to an NEC 3 Option C contract and relates to whether certain costs were included within the settled sum under the supplemental agreement.
Advising a member of the contractor consortium on a dispute relating to the Haramain High Speed Rail project in the Kingdom of Saudi Arabia, also known as the Western railway or Mecca–Medina high-speed railway, a 453-kilometre-long (281 mile) high-speed rail.
Advising a rapid transit system network on a £35 million dispute and adjudication in relation to disputed compensation event assessments. We advised on contract documentation, based on amended NEC3 Option C contracts. This was a complex, high-value dispute with multiple geotechnical, delay, quantum, and legal issues and required the compilation of significant witness and expert evidence.
Advising a rapid transit system network on the second of two adjudications concerning disputes arising under a NEC3 Option A Contract involving power upgrades at eight substations on the rail network relating to changes to the works information and associated time and cost claims. The adjudicator found in our client’s favour.
Advising a light rail operator in relation to a dispute with a contractor, which led to an adjudication. The dispute concerned claims for compensation events under an incentivized target price contract relating to permanent way sidings in connection with a major rail upgrade project.
Advising a state-owned railway company, working closely with their expatriate technical and commercial teams, developing contract documents to suit the client’s specific needs on the major QAR36 billion metro project in Qatar. A key part of our involvement was to develop the provisions and procedures for the supply systems and integration and maintenance contract dealing with maintenance and operation of the assets after they had entered revenue service (rolling stock, track, CBTC signaling system, power, telecommunications, and security systems). We also subsequently advised the client throughout the tender process, assisting in evaluating tender returns.
Advising a state-owned railway company on developing the contractual framework for the KPR performance regime and fault attribution rules for the rail systems operation and maintenance contracts for the Doha Metro Project.
Advising a state-owned railway company on a framework agreement and call-off conditions for the design, supply, installation, and maintenance of elevators and escalators across the network for the Doha Metro Project using a modified FIDIC Yellow Book for the call-off conditions.
Advising a rail authority on the construction of an extension to a metro project in Malaysia. We advised on and drafted the complex turnkey contract and related documentation for the engineering, procurement, construction, testing, and commissioning of tunnels, viaducts, stations, depots, track works, rolling stock, signaling, power supply, and other associated works forming part of the tender documents for the project.
Advising a rail authority on the turnkey contract for the design and construction of a light rail project in Southeast Asia converting an existing arrangement with a project delivery partner into a turnkey arrangement using an amended FIDIC Silver Book.
Advising a rail authority in relation to the novation of its signaling contracts and ancillary documentation with the CBTC systems contractor.
Acting for a rail authority in a dispute in relation to a major station project. The dispute arises out of an NEC 3 Option C contract. We assisted with the preparation of the claim.
Advising on drafting and negotiation of supplemental agreements to numerous systems works contracts for a major US$20 billion rail project.
Representing a rail authority in a dispute with the main contractor responsible for the design and construction of a station project in London. The dispute arises out of an NEC 3, Option C contract.
Advising a major rail provider on, and drafting all contract documents for, a cost-reimbursable target cost contract for a CBTC signaling upgrade contract.
International Arbitration
Representing an international firm of consulting engineers and architects in an ICC arbitration involving claims in the total amount of around US$150 million relating to the design and construction of two self-anchored suspension bridges.
Acting for a contractor on a Singapore-seated arbitration under SIAC rules relating to the refurbishment of an FPSO vessel.
Representing a global EPC contractor in multi-billion dollar ICC arbitration involving the design and construction of one of the largest refineries in Latin America.
Acting for the owner on a LCIA-administered, London-seated arbitration relating to claims for additional payment under a five-year cost reimbursable agreement for logistics and spares in connection with a major energy project in Sub-Saharan Africa.
Construction
Providing legal advice to a UK light rail authority on a circa £242 million escalator project to replace up to 51 existing escalators currently maintained by their in-house organisation.
Providing legal advice to a UK light rail authority on an escalators management programme (circa £422 million).
Providing legal advice to a UK rail authority on the procurement of lift maintenance through a single supplier contract and lift manufacture/replacement through a mini competition under a multisupplier framework agreement.
Preparation and negotiation of a framework agreement; advice on the tender for the operation and maintenance of the road systems in Qatar.
Advising on restructuring an existing £1 billion infrastructure project using a cost-reimbursable target cost contract and drafting and negotiating supplemental agreements amending the contract.
Acting for a cement manufacturer in an arbitration relating to late completion of a cement works in Nigeria constructed under a FIDIC Red Book contract.
Advising a contractor on various FIDIC Red Book contracts for a substantial land reclamation project in Panama.
Advising on a major US$400 million mixed-use project in Sri Lanka including 5-star hotel, residential, commercial, and retail units using the FIDIC Red Book and associated FIDIC White Book, subconsultants' appointments, and subcontracts.
Acting for an energy company in relation to claims by contractors for loss and expense under FIDIC Yellow and Red books. The dispute concerned a project to construct an ethanol and cogeneration plant in Mozambique.
Advising a joint venture between two major contractors on various multimillion-pound disputes with the employer, the electrical, and the mechanical sub-contractors involving both adjudications and proceedings concerning the major refurbishment of a hotel.
Acting for a multidisciplinary consultant in a multimillion-dollar dispute through the Qatari Courts relating to an infrastructure project. The dispute was the first in Qatar to involve the appointment of a court-appointed technical committee, including international engineering experts.
Adjudication
Advising a developer regarding disputes with its contractor in relation to a residential development project. We secured a successful outcome for the client both in an adjudication commenced for the recovery of LDs and a subsequent summary judgment application for enforcement of the decision.
Representing a rail authority regarding a dispute in adjudication relating to geotechnical issues and site investigation for a new station project in Central London.
Advising an oil and gas contractor in a series of disputes under an NEC ECC Option C contract for a project to convert underground salt caverns for use as gas-storage facilities and a subsequent successful adjudication.
Representing a rail authority in a dispute in relation to delays caused by substructure issues on a major extension project.
Successfully defended a rail authority in an adjudication in relation to a rolling stock performance; the claim was dismissed, and the referring party was ordered to pay the responding party’s costs.
Acting for a rail authority in a substantial adjudication under an NEC Option C contract. The dispute concerned claims by the contractor under an NEC3 ECC form of contract for compensation events and extensions of time in relation to works in and around a depot and sidings.
Nuclear
Representing a leading nuclear technology provider in relation to a new-build nuclear project in Poland. Leading the team, advised on all aspects of the project from EU public procurement, technology IP, and regulatory to nuclear liability and structuring the EPC contracts.
Advising on appointments for technical and engineering-support services in relation to a project for design, manufacture, installation, and construction of NSSS and I&C systems for two EPR nuclear power plants in Finland. The contracts were governed by French law and advice included third party liability risks under French law and specifically the French nuclear liability regime.
Electricity Generation and Transmission
Advising on a €1 billion HVDC project for subsea cabling using the FIDIC Silver Book EPCT contract, including drafting subcontract forms.
Legal advice to a utility contractor in relation to a dispute related to delays to an electrical substation project in Scotland.
Acting for a utility contractor in relation to a potential dispute with the employer concerning a combined-cycle gas power plant. This will be the largest gas power plant in Latin America.
Expert Determination
Advising the contractor consortium on a major project in Saudi Arabia for the development of a new seawater desalination plant, potable water storage facilities and associated infrastructure, and facilities, including a solar power plant. Successfully resolving the expert determination in his client's favour.
Acting for administrators in a significant-value expert determination relating to a school's project.
Airports
Representing a subcontractor in respect of a complex high-value arbitration worth US$1 billion in relation to mechanical, electrical, and specialist airport services works at a major airport in the Middle East, a matter that is complicated by matters of insolvency.
Representing a contractor in structuring maintenance and operation contracts for a multi-year investment plan for an airport terminal in the United Kingdom; advising on NEC-based contract forms for the supply chain for their contracts in relation to the Heathrow asset renewal and maintenance projects.
Insurance Coverage
Acting for a mining company in relation to a coverage dispute with CAR insurers in the London market concerning defects and damage to smelting vats at a copper mine in Peru.
Acting for a rail authority in relation to a claim under the CAR section of its OCIP insurance programme for damage to the station works during construction pre-handover.
Acting for an NOC in relation to a coverage claim under the EAR policy concerning various insured incidents causing damage to an LNG plant.
Representing a rail authority in relation to a claim made under an owner-controlled insurance programme issued to the rail authority for a major light rail project in the Middle East.
Acting for a joint venture in proceedings against an insolvent firm of mechanical and electrical engineers, and six different insurers. The joint venture sought declarations in relation to the insurers reservation of rights concerning the coverage provided by primary and excess-layer insurance policies.
Advice regarding possible claims under construction insurance policies, including PI and contractors' all-risks coverage.
Wind Farms
Advising a contractor regarding the potential dispute in relation to a wind farm in Scotland.
Legal advice to an operation and maintenance contractor on the maintenance services contracts for several wind farms in the United Kingdom including availability adjustments, KPIs, and the associated Power Purchase Agreements.
Technology IP and License Agreements
Legal advice in relation to fraud/theft of technology IP.
Acting for the owner of a new carbon reduction technology, advising on the terms for a license agreement and the design and construction of a test project.
LNG
Advising a project owner on issues arising from change proposals to EPC contracts for an LNG facility relating to plant modifications to increase LNG production capacity and deal with anticipated future feed-gas scenarios.
Acting for a contractor, preparing and negotiating EPC contracts for a €30 million project to supply pipes for an oil pipeline.
Advising on offshore and onshore engineering, procurement, and construction contracts for a major US$10 billion gas liquefaction project in Angola.
Ports and Ferry Terminals
Advising on the concession agreement and construction documents for a major ferry terminal project in Zanzibar.
