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Katie Lee
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Katie is a commercial barrister with particular expertise in construction, engineering, energy and technology-related law. Known as a hard-working and reliable junior, she is highly regarded for attention to technical detail and commercial awareness, as well as for her cross examination and trial work. She acts and has acted for employers, developers, contractors and construction professionals.

As well as working in large teams with senior counsel, Katie is regularly instructed as sole counsel to act and advise in relation to both High Court and County Court disputes.  For example, her most recent multi-track appearances involved a three day trial in relation to agricultural fixtures and field drainage and an application for security for costs in the London TCC (High Court) on a final account dispute.

Katie is currently a co-editor of the Construction, Engineering and Energy Law Journal of Ireland and regularly writes articles and case updates.  She has been published a number of times in the Construction Law Journal and the Construction and Engineering Law Journal of Ireland.

Katie was also a contributing editor to the first supplement to the leading text on ‘Delay and Disruption in Construction Contracts’ (Burr 2016), and a contributor to the leading text, ‘Construction Professional Indemnity Insurance’ (Reed 2018).  She regularly contributes to the Practical Law Construction Blog, and has appeared in a number of video blogs on various litigation topics.

Construction Litigation

Katie has considerable experience in construction litigation, and regularly appears in the TCC in the High Court and County Courts.  She has a wealth of knowledge of the main standard forms of contract (including JCT, NEC3, FIDIC) including bespoke contracts and developer agreements.  She also has experience in acting for and against various construction professionals in relation to allegations of professional negligence.

Examples of Katie’s recent work include:

  • Acting and advising a well known construction company in relation to the recent new interpretation of Regulation 4 of the Water Supply (Water Fittings) Regulations 1999, the WRAS guidance and how these apply to cisterns and pans;
  • appearing in the London TCC in relation to an application for security for costs of a counterclaim worth £1.9 million (sole counsel);
  • Advising on settlement in a significant claim for loss and expense concerning a military installation;
  • Advising and acting in relation to a claim for delay of over £2 million in relation to railway line works;
  • Advising a property developer on a defence to a claim worth £1.1m (sole counsel);
  • Advising, drafting pleadings and appearing in the Bristol High Court (TCC) in relation to defective PVC roofing claim under a JCT contract (sole counsel);
  • Acting for a building contractor in a 3-day multi-track trial in the TCC concerning alleged building defects (sole counsel);
  • Acting for a agricultural contractor in a three day trial in the TCC concerning agricultural fixtures and land drainage (sole counsel);
  • Claim in relation to a contractor’s liability for proper asbestos testing and removal (sole counsel);
  • Arbitration concerning defective screeding works;
  • Appeal under the Party Wall Act in the Bristol TCC (sole counsel);
  • Advising in relation to a Developer’s agreement and contractual warranties (sole counsel).

Adjudication

Katie regularly acts as sole counsel in a number of adjudications, including for the responding and
referring parties, including under Hardwicke Chambers’ fixed fee adjudication scheme.  She regularly deals with various complex and high value adjudications, with issues including jurisdictional 
challenges, final account disputes, delay, costs, disputes over payment notices, insolvency issues, and enforcement.

A few examples of recent adjudications Katie has acted in include:

  • A complex dispute concerning inappropriate VAT deductions made by an employer in the absence of appropriate payment notices;
  • A dispute concerning proper compaction and testing of groundworks under BS 1377-9: 1990;
  • A multi-million pound dispute on a high value residential development in west London involving defective design and failure to provide adequate design co-ordination;
  • A final account dispute with a value of £500,000

Construction Arbitration

Katie has experience in arbitrations, including a high-value dispute concerning defective screeding works.

Energy & Renewables

Katie has a particular interest in disputes involving energy/utility companies.

Recent cases

  • Advising a solar energy company on the termination of a wind energy lease agreement.
  • Advising an employer in respect of a defective bio-mass boiler installation.
  • Advising a company in relation to a long-term contract to provide energy to the grid and 
receipt of payments for the same.
  • Acting for a company specialising in the installation of solar panels in 
relation to loss of profits and return of installation.

Property Damage

Katie regularly deals with property damage cases, and has experience with drafting Scott Schedules and experts’ letters of instruction.  Katie is regularly consulted at an early stage in the litigation process to advise on case management strategy and expert appointment.

Examples of Katie’s recent work include:

  • Assisting and advising in relation to £6 million High Court (London TCC) claim concerning inadequate backfill, inadequate design of a ground bearing slab and defective installation of below ground drainage;
  • Advising in relation to a £6 million defects claim arising from cracking to a ground bearing slab due to inadequate mix of concrete;
  • Instructed to appear in a three day TCC trial concerning roofing and other building defects (sole counsel);
  • Drafting proceedings for a High Court (London TCC) case concerning a defective concrete slab;
  • advice on liability for subsidence to a residential property (sole counsel);
  • claim involving a defectively built extension on a high value residential property (sole counsel);
  • Instructed to advise in relation to the coverage of an NHBC Buildmark policy (sole counsel).

Commercial Arbitration

Katie has expertise of commercial arbitration including in the ICC and LCIA.

Examples of recent work include:

  • Advising as sole counsel on the appropriate procedure and merits in respect of an application disputing the English High Court’s jurisdiction in proceedings concerning a US company and US based dispute;
  • Advising on the requirements for service under the Hague Service Convention and the EU Service Regulation;
  • Advising on the validity of an arbitration clause within the jurisdiction.

Commercial Litigation

Katie deals with a wide variety of commercial claims including applications in relation to service out of the jurisdiction and conflicts of laws, as well as applications opposing the jurisdiction of the English courts.

Examples of Katie’s recent cases include:

  • Multi-million pound claim concerning unpaid agency fees, involving allegations of concealment and fraud;
  • High Court claim involving the Consumer Contracts (Information, Cancellation etc) Regulations 2013;
  • Instructed as sole counsel to act for a company in the High Court against a substantively disputed winding up petition and also on an application for leave to appeal;
  • Malicious prosecution for a wrongfully brought winding up petition;
  • Claim involving a defective Aston Martin;
  • Advising and acting for the leading international specialist in a well-known brand of classic car.

Construction Professionals

Katie’s construction work has led her into dealing with professional negligence claims against various construction professionals such as surveyors and architects.

Examples of Katie’s recent work include:

  • Multi-party High Court dispute concerning the installation of solar panels.
  • Multi-party High Court dispute concerning defective flooring.
  • Dispute concerning a claim against a firm of project managers and a firm of architects in relation to a high value residential property.
  • Claim concerning an engineer’s negligent calculations.
  • Instructed as sole counsel to advise on a disputed party wall award and surveyor’s negligence.
  • Instructed as sole counsel to advise on and draft a defence to a claim for an architect’s professional negligence.

Professional associations

  • Co-Editor of the Construction, Engineering and Energy Law Journal of Ireland
  • Contributing editor to 1st supplement to ‘Delay and Disruption in Construction Contracts 
(Burr, 2016)
  • Society of Construction Law
  • TECBAR
  • TCC User Group Committee (chaired by Mr Justice Coulson)

Publications

  • Co-editor of the Construction, Engineering and Energy Law Journal of Ireland
  • Contributing editor to the first supplement to the text ‘Delay and Disruption in Construction Contracts’ (Burr 2016)
  • Contributor to Construction Professional indemnity Insurance, published by Sweet and Maxwell in 2018.
  • Contributor to the Practical Law Construction Blog and Lexology.

Qualifications

  • LLB Law (Hons), University of Bristol (Ranked 1st in year for jurisprudence, contract & tort)
  • LLM Commercial Law, University of Bristol (Ranked 1st in year) with Distinction
  • BPTC, BPP Law School (Ranked 1st in year for Cross Examination and Ethics)

Katie is also on TECBAR’s panel of accredited adjudicators.

 

 

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