Water

When the parties involved with projects in the water industry, whether water companies or the contractors, sub-contractors and consultants working with them need legal advice and representations, they almost invariably prefer to work with lawyers who have experience of the industry and its processes and contract structures. This is true whether the project relates to process or supply and whether the assistance needed is advice at the procurement stage (see Procurement) or representation in a dispute (see Adjudicator, Arbitration, Litigation).

Members of Keating Chambers have been instructed to act by water companies or against them in some of the most important reported court decisions of recent years. Some of the examples given also demonstrate the range of specialist contracts used in water industry projects.

Yorkshire Water Services Ltd v Taylor Woodrow Construction Northern Ltd [2005] BLR 395
This litigation arose from a dispute over contractual performance tests of an allegedly defective sewage treatment works and work done under the I Chem E Yellow Book form of sub-contract. A Keating Chambers team achieved success in the Technology and Construction Court and in the Court of Appeal in this case.
Thames Water Utilities v London Regional Transport [2004] 95 Con LR 127
Here a silk and a junior from Keating Chambers appeared in litigation in the Technology and Construction Court concerning responsibility for the bursting of a water main following construction work at London Bridge station.
Comsite Projects v Andritz AG [2004] Const LJ Vol 20 No.1 24 TCC
The litigation in the Technology and Construction Court in Birmingham arose from sub-contract works on a Southern Water Services project on the Isle of Wight for the construction of a new waste water and sludge re-cycling centre.
JFS (UK) Ltd v Dwr Cymru Cyf [1999] 65 Con LR 92
This was a breach of contract dispute on a water filtration system project under the IMech E conditions of contract.

Reported cases, of course, only make up a small part of the water industry case load. There are also disputes which go to arbitration, including a number relating to international projects.

Appearing in an arbitration relating to valuation of work arising from the construction of a reservoir under the ICE conditions.
Acting for contractors in disputes with two water authorities on water treatment plants.
Acting in references before the Lands Tribunal on statutory compensation claims under the Coal Mining Acts following collapse of pipework owned and operated by a water authority.
Representing the contractor in a dispute over the use of micro-tunnelling boring machines during the renewal of the Bangkok water and sewage system.

Work undertaken by members of Chambers includes:

Acting as counsel for the owners on a water treatment plan in Saudi Arabia.
Appearing as advocate for a UK contractor in an arbitration arising from the construction of water treatment plants in Egypt.
Representing an Irish public authority in claims relating to the construction of a new interceptor system.
Acting for specialist water treatment contractors in disputes with water authorities.

Whilst much of the demand for legal advice unsurprisingly relates to disputes, it is not always so. Instructions were recently received to act as advisor on a PFI project for water services. A senior member of Chambers was appointed Chairman of the independent Yorkshire Water Commission of Inquiry; another has advised on liability for alleged lead contamination of water.

Members of Keating Chambers are used to working as follow team members with water industry professionals. Several hold engineering qualifications, including civil, electrical and chemical engineers and the majority of Keating Chambers’ barristers have significant water industry experience, from advising on procurement procedures and contract documentation to dispute resolution, through negotiation, adjudication, mediation, litigation and arbitration. Senior members of Chambers, usually Queen’s Counsel, are often appointed as arbitrators, mediators and members of Dispute Boards, particularly in major overseas projects, such as water treatment systems and desalination plants.

Further Information
For further information on how our members can assist you, please contact the Senior Clerks, John Munton and Nick Child, in the first instance, on +44(0)20 7544 2600. They and their teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.