Caroline’s recent experience includes advising:

Infrastructure-General

• A major UK contractor on a dispute with a utility company relating to the provision of residential and commercial fibre optic broadband around the UK.  Advising in 2018/19 on the commercial implications of the dispute, which was valued at over GBP 50 million. The dispute was complicated by the imminent re-negotiation of the contract, and the fact the claim constituted thousands of low value clams which had accrued over the contract period of five years.
• A US contractor on a GBP 5 million dispute relating to defective final settlement tanks at a wastewater treatment plant. As well as advising in 2019 on the recovery of costs associated with the defects, advice was given on several issues arising from the insolvency of one of the contractor’s suppliers.
• Tunnel, London in relation to claims threatened by a JV of contractors worth GBP 50 million for delay-related losses arising from the noise constraints imposed by the planning restrictions for the project.
• Major mixed use 150 hectare development, Cambridge in relation to defending a series of multi GBP million adjudications with its site-wide infrastructure contractor relating to design liability, valuation, value engineering, and sectional completion and adjudications with various different Lot Contractors, between 2016 and 2019.
• Acting for a Russian Developer who procured engineering design works from an internationally recognized engineering practice in connection with the construction and development of a major cultural and mixed use project in St Petersburg. Advising in connection with its claims against the engineer for defective design.

Additional experience:

• A major UAE contractor on a DIAC arbitration arising out of the construction of a large exhibition centre in 2012.
• A major middle eastern contractor on potential disputes arising out of the construction of one of the world’s biggest retail developments in 2010/2011.
• A major UK contractor on various disputes including disputes arising out of a PFI contract and a major claim concerning cast resin transformers at a data centre.
• An Multidisciplinary Consultancy on a dispute relating to the design and construction of a marina development.
• Acting for one of the UK’s largest Construction Companies on many disputes between 1993 and 2017 including its successful defence of a multi-million GBP defects claim in the TCC relating to diaphragm walling arising out of the construction of a shopping centre; a dispute about the use of ground anchors at a retail park development in Cardiff;  its defence of claim in the TCC concerning alleged high chloride content of concrete used in the construction of a multi-storey car park, which was subjected to the application of significant quantities of de-icing salts; a claim concerning allegedly defective cladding at or an office development and claims under a PFI contract for the refurbishment and new build of five schools in the north of England.
• A Fire Protection Sub-contractor in its successful defence of a major defects claim in the TCC arising out of major UK Shopping Centre development.
• A UK Contractor in successfully defending an adjudication relating to late and partial possession of a site on a PFI hospital scheme.
• A Major Contractor in relation to a number of disputes arising out of the performance specification and variations impacting availability on a PFI scheme for a police HQ.

Infrastructure – Transport

• A consortium of Middle eastern Contractors on major issues arising out of the USD 1.5bn infrastructure contract for the new International Airport in 2012/2012.
• A Major Contractor on issues arising during the construction of major relief road project.
• A Borough Council on a series of adjudications brought by the maintenance contractor under a four-year term contract based on the ICE conditions. Advised in relation to the overall strategy to be adopted to ensure a favourable commercial outcome and the agreement of the final account.

Energy & Nuclear

• A major UK Contractor on defending a GBP 50 million claim relating to alleged degradation and fracturing of pipe work, coating breakdown and paint failure to the steel structure in a building to cover sea tanks containing nuclear waste at Sellafield.
• Barking Power Station in advising a major contractor on a claim against the designer and supplier of the main pumps at the Barking Power Station.
• UK Power Supplier in defending multi million GBP disputes on engineering projects including in respect of three separate disputes in the TCC relating to projects for the design and construction of CHP plants which included issues relating to the formation of a contract, unforeseen ground conditions, demineralization of cooling water, and gas connections to the main gas skid. Also advised in connection with the performance of Sulphur dioxide filters installed at one of its major coal power stations.
• A Middle Eastern Electricity and Water Company in defending 2 major ICC arbitrations relating to USD 100m plus prolongation and loss and expense claims in 2011/2012.
• A Sovereign Wealth Fund in connection with serious performance issues with the construction management contractor and design team arising out of the design and construction of a major shopping centre.
• The Official Receiver, as liquidator of Carillion Utility Services Limited, in relation to a dispute with its insurer as to coverage for defects and associated costs at an offshore wind farm. Advising on the construction aspects of the insurance claim and negotiating and settling with the insurer in 2019.
• One of the UK’s leading renewable energy providers in relation to a claim against a main contractor for defective works in an anaerobic digestion facility in 2018/9. Conducting a successful adjudication and recovered the costs of the remedial works and associated costs.
• Solar power facility, Jordan in relation to claims brought by the EPC contractor (USD 5 million) regarding the owner’s refusal to issue a Take-Over Certificate, changes to scope, and delay and disruption in 2019.
• UK Atomic Energy Authority on a GBP 70 million claim against a consortium of companies engaged to undertake decommissioning works at Sellafield. A complex settlement was reached, which required a thorough understanding of the commercial and technical risks associated with the technical uncertainties surrounding the project.
• UKAEA concerning a large loss and expense claim pursued against it by a major UK contractor in relation to remediation works carried out at Dounreay.
• A UAE Master Developer on several issues arising out of its potential liabilities arising out of the operation of theme parks in 2011.

Healthcare

• A Major UK Contractor in relation to a GBP 1 million professional negligence claim against the architect appointed to design a Hospice in 2019. Work included drafting the pre-action protocol letter and subsequent responses, progressing the matter to a series of pre-action protocol meetings.
• PFI Hospital, Merseyside, a UK contractor, in 2018/219 in relation to a potential claim for GBP 8 million against its geo-environmental and geotechnical consultants following their failure to accurately anticipate the amount of asbestos on site, resulting in the contractor under-pricing the contract and suffering unexpected delays.
• The Liquidator of a large contractor in relation an ongoing potential disputes GBP multi-million the company in liquidation may have had prior to its becoming insolvent. The claims involve issues of delay, quantification of losses, and issues arising due to the prospective claiming being in liquidation. Providing strategic advice in relation to several different potential claims, together with ancillary matters arising out of the liquidation.
• University laboratory, London, a UK specialist subcontractor, in relation to potential claims against the main contractor (GBP 10 million) regarding mechanical and electrical engineering works, and advising on a successful adjunction that led to the settlement of all the outstanding claims on the final account in 2016.

Residential and Commercial Property

• One of the largest property managers in the UK in relation to a defect which had arisen in one of its residential developments in the west end. Work included appointing and managing an expert to investigate the cause of the defect, advising on the most appropriate remedial solution, the strength of potential claims against various responsible parties and the likelihood of recovery through insurance in 2019.
• A Luxembourg property company in relation to a fire-safety issue with the cladding on a residential development. Work included negotiations with the contractor to carry out remedial works, advising the client on its obligations to the tenants of the building and, more generally, on its strategy for resolving the issue.
• Advising a major Serviced Office Provider on defects claims against the contractor/developer arising under the development agreement and also on the defence of final account claims brought against the Student Accommodation Provider in 2018.
• A developer in relation to an on-going GBP multi-million final account dispute with the contractor appointed to design and build luxury residential accommodation in Chelsea. Work included advising on settlement discussions, defects post-practical completion, release of retention monies and, more generally, how best to prepare for an adjudication.
• Mixed use development, Cambridge in relation to an adjudication brought by a main contractor regarding the late supply of steelwork design information in 2018/19.
• Skyscraper, London in relation to a potential claim against the main contractor regarding the supply of cranes.
• Super-prime residential development, London in relation to an adjudication in 2018 against the developer regarding a GBP 4 million claim for the early payment for off-site materials.
• Residential development, London in relation to two adjudications against the contractor regarding GBP 3 million which the Employer had agreed to pay in connection with the settlement of an extension of time claim.
• Advising a significant UK Developer in respect of defects claims against its main contractor arising out of a luxury penthouse development in central London.  A successful settlement was achieved.
• One of the largest UK contractors in relation to a substantial adjudication delay claim (value c. GBP 30 million) arising from its role as main contractor on a luxury GBP 150 million residential development. The strength of the case in this adjudication ultimately led to the settlement of the wider dispute between the parties on terms favourable to the client.
• A major UK contractor on a final account dispute with its employer arising out of the redevelopment of a shopping centre on the south coast of England. The dispute in 2019 involved issues of delay, variation, and complex points of contract interpretation. The final account was ultimately agreed without the need for formal proceedings.
• A major UK Developer in advising when there was a potentially catastrophic structural failure at one of its prime sites, including working with its property asset team while it worked through risk assessments, communicating with insurers and negotiating with the D&B contractor to return and remedy the defects.  And bringing a claim for uninsured losses in excess of GBP 3 million that settled in 2018.
• One of the largest asset managers globally in relation to cladding and glass defects at a prime central London commercial development, providing strategic claims advice and leading and the negotiations between the parties including the contractor and glazing subcontractor resulting in the drafting of a new suite of contracts for remedial works.
• A Project Management Company on a series of adjudications arising out of its appointment as PM on one of the most prestigious luxury residential developments in London.

Hospitality

• A Hotel Operator in relation to the challenge of an adjudicator’s decision in an adjudication in 2018/2019. The challenge was made on several bases including that the adjudicator had breached the rules of natural justice in the conduct of the adjudication, and that he had incorrectly interpreted the provisions of a side agreement entered into between the parties. The adjudicator’s decision was ultimately overturned.
• A luxury hotel chain in relation to a series of adjudications commenced by the main contractor of a GBP 30 million development (claim value c. GBP 12 million).
• A fund based in the Middle East on litigation in the TCC brought by a contractor in 2018 appointed to carry out refurbishment of a prestigious high-end luxury hotel in London. The claim was for approximately GBP 7 million and raised issues of delay and defects, and a challenge to the date practical completion was certified.
• The operator of a major UK airport as development manager with a dispute with the employer and contractor of a new hotel at the airport terminal, relating to delays and design approval issues that had arisen on the project in the lead up to completion of the works in 2019.

Utilities and Process

• A UK Contractor on a claim against its professional consultants arising out of the design of a wastewater treatment plant in the Midlands.
• Sewage treatment works, Essex advised the project owner in relation to a series of adjudications with the EPC contractor regarding delays arising from its failure to pass take-over tests, which the contractor attributed to the quality of input sludge, with potential claims in excess of GBP 10 million.
• Sewage treatment works, Lancashire in relation to a potential GBP 1 million claim against a subcontractor and its professional indemnity insurers for the cost of rectifying defects in 2018/19.
• A Saudi Water Company on a large dispute it had with an international contractor which was designing and constructing a new major desalination plant, built as an extension to an existing facility. The dispute related to allegations of inadequate design development causing significant delays and cost overruns.
• A UK Water Utility on a number of disputes including two major tunnelling projects in southern England that raised sensitive environmental issues concerning slurry removal, as well as technical, geotechnical/unforeseen ground condition and mechanical issues arising out of the tunnelling process. The first was a series of expert determination and the second was an arbitration.
• A UK Water Utility Company on the strategy to recover monies expended on remedying a defective dewatering plant at a WWTW before take-over, as well as recovery of liquidated damages, in a series of adjudications.
• A UK Water Utility Company in the defence of a prolongation and disruption claim in arbitration arising out of the construction of a major pumping station on a confined site in a city centre location.
• A UK Water Utility Company on a defence of a claim in arbitration for unforeseen ground conditions arising out of the tunnelling of a new main sewer in Yorkshire.
• A UK Water Utility Company on a defects claim arising out of the construction of a tertiary treatment plant.

Insurance

• The UK arm of a major US contractor on an insurance claim for the cost of remedying defects and consequential losses following the insolvency of its key subcontractor in 2019.
• The Official Receiver, of a major contractor in liquidation, on insurance issues arising in relation to a dispute with the insurer as to coverage for defects and associated costs at an offshore wind farm in 2019.

Oil, Gas & Petrochemical

• A Renewable Energy Company on a claim arising out of the design, execution and completion of a biodiesel and glycerine production plant.
• An International Contractor on substantial claims it was pursuing against a major hydrocarbon company in relation to 2 multimillion US claims arising out of two contracts for the design and installation of major oil and gas pipelines through the Caucuses.
• A Petrochemical Company on issues arising out of the alleged leakage of kerosene from storage tanks.

Pharmaceuticals and Manufacturing

• A major international consumer goods manufacturer on a dispute with its appointed contractor over a GBP 100 million refurbishment of its research and development facility, defending a series of adjudications referred by the contractor over its alleged entitlement to a very significant extensions of time, ultimately resulting in a settlement with the contractor and enabling the facility to be opened after a significant delay in 2019.

"Caroline Pope is undoubtedly a leader in this field, and gives credible, straight-talking advice from her extensive experiences"

Legal 500 2024

"Caroline is very professional and good at listening to our strategic vision and achieving that for us."

Chambers 2024

Caroline Pope is “class personified”.

Legal 500, UK 2020

Caroline Pope is a "well-known and respected practitioner" who is considered "a major figure in the construction disputes arena"

Chambers, UK 2020

The "brilliant" Caroline Pope is a market-leading disputes practitioner who regularly represents both purchaser and supplier-side clients in construction-related litigation, as well as adjudications and arbitrations. Her exceptional domestic practice is complemented by her extensive knowledge and experience of working in the Middle East. Sources say that “she's really good at running a case and coming up with arguments and strategy.”

Chambers, UK 2019

Caroline Pope is a top disputes lawyer with an excellent reputation for handling matters on both the purchaser and supplier sides of the construction market. Her excellent domestic capabilities are bolstered by her deep experience acting in the Middle East. One commentator appreciates that "she's extremely bright, has great in-depth knowledge and is not frightened by anything."

Chambers, UK 2018