Rachael Yates

Recent Work

• Acting for a Korean contractor in an ICC arbitration concerning dredging works at a port,
• Acting for a groundworks contractor in an ICC arbitration in relation to the construction of a motorway;
• Acting for a contractor in a domestic arbitration under the JCT CIMAR rules in relation to the construction of a food manufacturing and storage facility advising on final account claims and counterclaims for defective works.

Rachael works with clients from all sectors of the construction industry, acting for both public and private bodies.

Recent work

• Advising on issues arising from cable replacement works from an offshore wind farm to an on shore substation.
• Acting for an engineering company in relation to claims brought by a sub-contractor for works carried out on a submarine rescue vehicle which required analysis of complex design issues. The claim was settled at mediation within the parameters identified in our risk report to the client.
• Acting for an engineering company in relation to claims brought by the main contractor for liquidated damages and performance related damages. The claims arose pursuant to a contract for the design, procurement and commissioning of a compressor. The claims were successfully settled with the client paying £0 to the main contractor.
• Advising a global player in the PV sector on $multimillion claims brought against them for allegedly defective modules installed at a solar farm. Avoiding formal arbitration proceedings was key to the client’s future restructuring plans, which impacted on the tactics for negotiation in order to achieve settlement on commercially acceptable terms.
• Acting for ProjectCo in relation to claims of defective pipework at a PFI school, where the proposed solution was a £3 million pipework replacement. Procuring active engagement from all involved parties in order to minimise exposure of ProjectCo.
• Advising a defendant in relation to claim arising from allegedly defective engines utilised in an oil field in Yemen; claim brought in Canada and settled ahead of disclosure/discovery.
• Advising a creative engineering and staging company in relation to works at a Universal Exhibition in Milan.
• Acting for a civil works contractor in relation to the construction of a hydro scheme – employing a tactic of multiple adjudications on simple winnable points for the client to bring the employer to the table to negotiate a favourable settlement.
• Risk management review for owner of thermal power station in relation to the construction of a biomass facility.