Harriet Di Francesco
Tel: +44 (0)20 7544 2600
- Sole counsel in a £3m multi-party dispute in the TCC in Liverpool concerning the defective design and construction of a residential property.
- Junior Counsel in TCC proceedings concerning the design of a multi-million-pound development in the UK (led by Vincent Moran QC).
- Multiple payment notice and true value adjudications concerning construction and engineering disputes (both contractual and statutory adjudications).
- Final Hearing (Bradford County Court): Harriet successfully prosecuted a claim for damages on behalf of a major telecommunications provider brought pursuant to Section 82 of the New Roads and Street Works Act 1991.
- Costs and Case Management Conference (Norwich County Court): Harriet appeared on behalf of a commercial real estate company in relation to a dispute concerning the development of a large rural estate and allegations by the claimant contractor of unpaid invoices.
- Advised a firm of architects in relation to a dispute concerning unpaid fees under multiple contracts with a property development company for the provision of architectural design services relating to various redevelopment projects across the UK.
- Drafted a particulars of claim on behalf of an interior fit out and refurbishment subcontractor for unpaid fees relating to additional works instructed by the defendant employer post-practical completion of subcontract works.
- Final Hearing (Preston County Court): Harriet appeared on behalf of the defendant main contractor in a dispute with the claimant subcontractor concerning the supply and installation of soundproof acoustic panels. The dispute concerned unpaid invoices and a counterclaim for defective work.
- Final Hearing (Oxford County Court): successfully defended a major telecommunications provider in relation to a claim for engineer call out fees.
- Drafted a particulars of claim on behalf of a mechanical services company in relation to a claim for defective plumbing materials under the Sale of Goods Act 1979.
- Drafted an amended defence on behalf of a construction company in a claim concerning allegations of unpaid invoices, quantum meruit and unjust enrichment.
- Assisted in advising a construction company on the legality of an assignment of a contractor’s deed of warranty for the construction of a care home.
- Assisted in a dispute concerning the scope of liability of an American contractor to remedy defects under an EPC contract with a Turkish employer for the operation of a digital power plant.
- Junior counsel in an international arbitration concerning a coal-fired power station in South Africa.
- Assisted in a dispute concerning the design and installation of plant for the production of exotic oils under Construction Industry Model Arbitration Rules 2016.
- Assisted in a fees claim concerning design services delivered in respect of subterranean metro stations in Saudi Arabia.
- Junior counsel in a claim concerning multiple challenges to the procurement of UK passenger rail franchises.
- Junior counsel in a claim brought by a multinational rail transport company concerning the tender process for a rail services contract.
- Assisted in a dispute relating to the legality of the decision of a public body to award a contract to construct a high-speed railway in the UK.
- Advised a private homeowner in relation to circa 100 defects associated with works carried out by a building contractor at her residential property. The claim included damages for distress and anxiety.
- Advised homeowners in relation to a defective kitchen extension and central heating system.
- Advised an Italian contractor in relation to a dispute concerning unpaid fees for the supply and installation of luxury marble at a substantial private dwelling in London.
- Directions Hearing and Early Neutral Evaluation (Winchester County Court) Harriet appeared on behalf of the respondents in respect of an appeal against a party wall award brought by the respondents’ neighbour.
- Drafted a defence on behalf of a housebuilding company in respect of a claim for damages for stress and inconvenience brought by claimant homeowners.
- Drafted a defence and counterclaim on behalf of a freehold owner of residential flats in relation to the negligent removal of dry rot.
- Assisted in defending a claim concerning the after care of a new build residential property brought by the claimant homeowners against the defendant homebuilder.
- Assisted in a dispute concerning the negligent renovation of a basement in a Grade 1 listed home constructed in 18th century.
- Successfully prosecuted an adjudication on behalf of a design and build contractor in respect of substantial sums wrongfully withheld by its employer. The claim concerned the validity of payment notices and whether COVID-19 constituted a force majeure event.
- Successfully prosecuted an adjudication on behalf of a groundworks subcontractor in relation to a payment notice dispute with its employer. The claim concerned the employer’s failure to serve a payment notice or pay less notice and its wrongful retention of sums due under the subcontract.
- Advised a plumbing subcontractor as to the prospects of recovering sums via adjudication in light of the applicable subcontract terms relating to payment.
- Acted for the responding party in a true value adjudication brought by its subcontractor. On receiving the Response, the referring party withdrew from the adjudication and the parties reached an amicable agreement.
- Advised an international client in relation to a mandatory contractual adjudication provision and the application of payment provisions under the Housing Grants Construction and Regeneration Act 1996.
- Advised a firm of architects in relation to statutory adjudication in circumstances where the client had entered into multiple contracts with potentially multiple responding parties.
- Drafted a reply in a statutory adjudication concerning the absence of a payless notice on behalf of the successful referring party.
- Assisted Emma Healiss, counsel for the successful defendants in Indigo Projects London Ltd v Razin & Anor  EWHC 1205 (TCC) concerning the enforcement of an adjudicator’s decision by a claimant in a company voluntary arrangement (CVA).
|2019 Rail Franchising Litigation
|17 June 2020