Alison Fagan

Partner

About

Areas of FocusEnergy and Natural Resources Life Sciences Real Estate Litigation, Arbitration and Investigations Construction and Engineering

Professional QualificationsSolicitor of the Senior Courts of England and Wales

EXPERIENCE

Advising a series of disputes arising during the construction phase of a large, acute hospital Project for a multi-investor SPV client. Disputes related to significant construction failings and defects. (including fire and pipework systems), issues of contractual interpretation (including deductions and the operation of the payment mechanism), service issues and termination strategy. The matter was resolved through a complex mediation and returned to steady operational state.
Advising a consortium of global investors in respect of multiple disputes arising from a bond-financed acute hospital project with a contract sum in excess of GBP400 million. Issues in dispute included construction defects, service performance failures and liability for remedial works.
Advising a North West NHS Trust in disputes resolved through adjudication and ad-hoc arbitration arising from the construction/engineering phase of a major hospital refurbishment/rebuilding PFI project.
Advising a consortium of global investors on a variety of disputes through the construction of a specialist healthcare facility and into operational phase – disputes included cladding and ground source heat pump issues.
Advising a Funding Consortium in an advisory capacity on a distressed Project which was subject to termination risk. Throughout various interlocutory proceedings and dispute resolution processes, assistance was provided to the consortium on risk and dispute management strategies, in assessing portfolio risk levels, in developing abatement strategies and long term viability studies until the end of the proceedings.
Advising an SPV on a series of FM related disputes giving rise to Warning Notices and potential Termination Risk. The disputes were resolved and the Warning Notices withdrawn following a series of facilitated pay-mech workshops resulting in an agreed understanding and application of the Service Requirements , the Performance Monitoring Regime and application of the Payment Mechanism.
Advising a UK Local Government Authority in respect of a multiple disputes arising on a large Building Schools for the Future Project. Disputes included Compensation Event claims, delay and defect claims, payment mechanism claims and political funding strategy.
Advising a multi-party SPV client on a large High Court Trial (Technology and Construction Division) arising as a result of construction failings and maintenance issues which gave rise to substantive deductions consequences.
Advising a Public Sector client defending a claim by a construction consortium for various Compensation and Relief Event Claims arising through the construction of a large transport hub project. This matter was successfully addressed through mediation.
Advising a cross invested fund group in an advisory capacity on a distressed Project which was subject to termination risk. Throughout various interlocutory proceedings and dispute resolution processes, assistance was provided to the consortium on risk and dispute management strategies, in assessing portfolio risk levels, in developing abatement strategies and long term viability studies. The fund’s substantial investment was ultimately secured.

Education

Lancaster University, Law LLB (Hons)

Awards

Publications

APPs en América Latina: resolución de disputas a través de arbitraje inversor-estado, 18 Dec 2018
PPP projects in Latin America: resolving disputes through investor-state arbitration, 18 Dec 2018

Seminars

Infrastructure Finance for a Global Britain, 5 Jun 2019

Additional Information

Alison Fagan led on the development of The DLA Piper Project Simulator - a market leading experiential learning tool which utilises gaming technology to assist with the delivery of sustainable and successful global infrastructure project. She also sits on the DLA Piper Radical Change Council.