Clare Rushton

Clare specialises in advising on complex construction and engineering projects and spends a significant proportion of her time providing strategic advice and operational support to clients on live projects with a view to avoiding disputes, managing change, and minimising risk/maximising entitlement.

Clare’s recent experience includes:

Major Civil Engineering Projects

• Acted on behalf of a specialist structural steel sub-contractor in ICC arbitration proceedings by the Main Contractor in respect of alleged delays and defective works in the construction of a new embassy building in London.
• Advised a specialist rail contractor on substantial claims against the Employer relating to complex issues of contract interpretation, significant loss and expense, and delay claims on a trainline franchise. This included advising the client on strategy/approach and acting on their behalf in sequential adjudication proceedings brought against the Employer. The claims settled at a two-day mediation.
• Advised a main works contractor on time/money claims arising out of the refurbishment and extension of a tramline in the UK (GBP+25 million).
• Acted for a main contractor joint venture in adjudication proceedings in relation to various Compensation Event claims (including delay and disruption) under an amended NEC3 contract relating to civils works at a London tube station.
• Advised the Employer on a number of potential disputes with the Main Contractor on GBP+140 million major infrastructure project in the north west of England. The matter involved complex issues of contract formation, contract interpretation, programming, and the role of the NEC3PM on an NEC3 Option C Target Cost contract.
• Acted for the transport arm of a public body defending adjudication proceedings brought by the Main Contractor in relation to the proper construction of a compensation event notified by the NEC3PM on a guided busway project in the north of England.
• Advised a publicly owned company in a final account dispute against a supplier arising out of a NEC3 EEC type contract for various highways works.
• Advising a local authority client on various claims by SPV and the Construction Contractor in respect of entitlement to significant extensions of time and additional compensation totaling GBP130 million on a new major highways project.

Water/Wastewater

• Advised a water company in relation to a systemic defect in the design of a tertiary treatment plant designed and constructed under NEC3 Contracts. Claims were made against 12 different contracting parties under Framework Agreements. The claims were valued at GBP+30 million and involved complicated issues surrounding limitation under the Latent Damage Act 1986. The claims settled at a two-day, multi-party mediation.

Energy/Waste

• Successfully acted for Severfield (UK) Limited on a GBP+5 million dispute against main contractor Duro Felguera UK Limited (in liquidation) in the TCC in relation to claims arising from late design/access issues on the Carrington Combined Cycle Gas Power Station ([2017] EWHC 3066 (TCC)). This included working alongside Severfield’s Spanish lawyers to enforce the decision in Spain.
• Advised a nuclear authority in relation to the design and construction of a boiler park on a nuclear site with issues of defective welding and pipework. The parties settled the claim shortly after arbitration proceedings were commenced.
• Advised a waste management company in relation to potential claims against various contractors/sub-contractors for defective works arising out of the design and construction of an MBT facility in Cumbria.
• Acted for a SPV responsible for the design, funding, construction, and maintenance of a Scottish anaerobic digestion facility in multiple disputes with its EPC sub-contractor arising out of defective design/construction, delay to completion of the project and retention payments.
• Advised the Employer on change in law/force majeure claims by the Contractor on an energy from waste project in the northwest of England as a result of Covid-19.
• Advising a Belgian headquartered company on various issues arising out of claims brought by the construction contractor for a defective piling platform at its flagship GBP+350 million waste-to-energy project in the UK.

Commercial Construction

• Advised a specialist equity fund on a USD2 billion corporate due diligence matter, advising on Building Safety Act legislation (regarding fire compartmentation and structural integrity issues) as it applies to various legacy design and build contracts carried out by one of the companies in the target group.
• Advising funders in respect of claims by SPV against the construction contractor for widespread and systemic defective works (including structural integrity defects) and associated risks on a major hospital project.
• Advised a specialist structural steel contractor on various extension of time claims against the Employer under a bespoke Trade Contract for a new HQ building in central London.
• Advising a main works contractor in respect of multiple alleged fire stopping claims across its portfolio arising out of the defective design and construction of student accommodation across the UK.
• Advising a university in respect of claims for fire safety and façade defects across its student accommodation portfolio (+40 buildings across three phases) against three separate design and build contractors.
• Advised a main works contractor in a final account dispute claim for the design and construction of a Premier League training academy, with issues including significant claims relating to the M&E works.
• Advised a main works contractor on a final account and delay claim arising out of the design and construction of a high technology research institute, including constructing works in clean room conditions.
• Advised a SPV in respect of claims against the design and build contractor and FM contractor relating to substantial performance deductions on a PFI schools project in Bradford.

International Work

• Advised an international private healthcare provider on multiple claims and settlements arising out of a distressed PPP healthcare project in Europe. This involved working with lawyers and project teams in multiple jurisdictions.
• Advised a specialist geotechnical sub-contractor in relation to force majeure on a USD20 billion LNG plant in Mozambique.