Professional Experience:
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Founding Partner and
Member of Tech Construct LLP. |
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Previously, John spent
26 years with, and 18 years as a Partner in,
international law firm CMS Cameron McKenna (formerly
McKenna & Co). During that time, John headed the
world-wide construction practice (and the projects
and construction disputes resolution practices). He
also spent six years in South-East Asia, managing
the firm’s regional construction and disputes
practices from its Singapore office.
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John’s principal areas
of expertise include the preparation, review,
negotiation and settlement of claims and disputes
resolution (arbitration, litigation, mediation,
conciliation and adjudication) under the auspices of
numerous domestic and international tribunals,
including the ICC, UNCITRAL, LCIA, JCT, TCC and ICE.
John has advised on infrastructure projects,
commercial developments and capital plant projects
all around the world. |
What clients say:
“The ‘hands on’ approach of John Uwins
… is popular with .. clients.” (Legal 500)
“Construction head John Uwins is “the centre of gravity”
for the practice. His “pragmatic, user-friendly and clear
advice” was noted by clients” (Chambers Directory)
“John Uwins, described by clients as “down-to-earth”
(Legal 500)
Experience - Projects on which John has successfully
advised clients include:
Project Works Analysis and Termination Claims
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Contractual advice to
Belgian-Peruvian procurer in relation to claims
exceeding US$100 million from a Japanese contractor
on a power generating facility in Peru. More than 35
claims were resolved by contractual analysis and
negotiation of a global settlement agreement,
involving financiers, insurers, the contractor and
other parties. |
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Preparing strategy and
advising on contractual remedies for Asset Provider
on major UK PFI project where disputes arose
concerning delays in and quality of performance by
software sub-consultant. Advising consortium member
on termination of the major sub-contract package and
claims arising. Disputes also included shareholder
issues and restructuring of contractual
relationships. Claims preparation, delivery-up
litigation, injunction proceedings, neutral
evaluation, arbitration proceedings and mediation.
Amounts in dispute exceeded £100 million. |
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Arbitration
proceedings in Singapore in relation to the
termination of an on-shore fabrication contract for
oil and gas facilities offshore Brunei where the
amount in dispute between the parties exceeded £50
million. The claims were resolved by agreement
following negotiation and two stages of a four-stage
disputes resolution process involving ICC
arbitration proceedings. |
Delay and Disruption; Loss and Expense, Prolongation
and Final Account Claims
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Advising a UK
contractor on a dispute under the ICE form of
contract for road construction on behalf of the
Secretary of State for Transport. The Engineer,
Engineer’s Representative and the Employer were
reluctant to deal with the Contractor’s final
account and claims but through a combined process of
arbitration notices, submissions and a quasi
mediation, the Contractor’s position on certain key
issues was established leading to compromise and
settlement of the Contractor’s account.
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Leading negotiations
with a Malaysian authority on behalf of an
international contracting consortium concerning
final account claims arising out of works on the
Asean Fertiliser Plant in Bintulu, East Malaysia.
Claims were settled following a series of
negotiations with American lawyers representing the
Malaysian authority. |
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Advising a prominent
UK Hospital Trust in relation to delay and
disruption, variations and final account claims in
excess of £10 million concerning construction of a
new laboratory. The Contractor’s claims and
contributions from the Architect, Mechanical
Consultants and Structural Engineers were settled in
a five-party mediation in which the Trust and its
legal advisers conducted negotiations.
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Representing a
Caribbean Government authority against claims of £20
million made by a French contractor, on a FIDIC
Contract, for delay and disruption on an
international airport project. The process involved
review of the Engineer’s Decisions, submissions to
and advocacy before representatives of the
International Court of Arbitration in Paris and a
negotiation (partly in French) with the Contractor
and his advisers, leading to a resolution of the
dispute. |
Defective Works Claims
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Advising the developer
in complex and lengthy three stage High Court
litigation against architects and contractor,
involving claims of £50 million concerning late
completion, defective work and shortfall of lettable
space. The claims were resolved after completion of
stage 1 of the litigation following negotiations
with representatives from the architects’ insurers
and the contractor. |
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Representing a
Brazilian contractor in litigation against a major
sub-contractor arising from defects and delay in
procurement of the gas compressor packages for an
FPSO in the MacCulloch Field. |
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High Court litigation
against contractor, structural engineer, specialist
piling contractor and construction manager
concerning water penetration in a basement car park.
The developer’s claims were settled during the
course of preparation for the High Court hearing; as
part of the settlement, further remedial works were
agreed and final accounts settled in relation to all
works and services previously undertaken. |
Project development and Risk Analysis
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Advising a UK
contractor and consortium partners on, and drafting
commercial contracts for, an e-money ticketing
services initiative, involving exclusivity
arrangements, performance criteria, payment
structures and interaction with existing PFI project
commitments. |
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Advising PFI
contractor in re-negotiation of D&B Contract,
Project Agreement, M&E Sub-Contract and related
documents following technical difficulties and
delays on a prestigious UK PFI project. Claims
analysis and evaluation of rights of recourse
against design team, M&E sub-contractor and
Insurers. Programming, technical and contractual
evaluation. Settlements negotiated and documented
with Project company designers and M&E
sub-contractor. Litigation with Insurers and
Brokers. |
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Preparing joint
venture and pre-bid agreements for various
contracting consortia tendering for works on the
extension of the London Underground, Jubilee Line. |
Adjudication
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Final account claims
by sub-contractor against prominent UK contractor
taken successfully to adjudication, notwithstanding
jurisdictional challenges and delaying tactics
employed by contractor’s team. |
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Adjudication
proceedings and claims analysis on a pharmaceutical
plant in relation to disputes between major UK
contractor and M&E sub-contractor. |
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Adjudication
proceedings on behalf of a Utilities contractor,
defending termination and final account claims from
a sub-contractor for loss of profit, overheads,
variations and prolongation. |
Papers Published and Presented:
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1992 – 2004: Law and
Contracts Editor (and monthly columnist) for
Construction Europe magazine. |
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Numerous articles
published in publications, including Building, New
Civil Engineer and Construction News. |
Speaker at various seminars and conferences including:
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International
Conference on Structural Failures |
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National University of
Singapore, M.Sc. Course in Project Management
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Avoiding Delays and
Cost Overruns |
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Project and Site
Management |
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Hotel Redevelopment
and Refurbishment |
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Avoiding Disputes in
Construction Contracts |
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British Airports
Authority Construction Workshop |
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Local Authorities
Construction Disputes |
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Alternative Disputes
Resolution; CEDR discussion panellist |
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EC Procurement
Directives |
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Housing Grants,
Construction and Regeneration Act 1996 |
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Technology and
Construction Court: Woolf Reforms |
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Adjudication |
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ADR techniques: why
mediation? |
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