Fieldfisher

Construction

Associate

Kelly is an experienced in both contentious and non-contentious construction law. She has advised and represented a wide range of contracting parties including employers, contractors, sub-contractors and consultants across multiple industries including energy, infrastructure, mining and building.

Kelly advises clients on matters including:

Resolution of construction-related disputes via adjudication, arbitration, mediation and litigation. Contract negotiation, drafting and review of all construction-related documentation including FIDIC, NEC, bespoke contracts, subcontracts (including back-to-back with principal agreement). Contractual and commercial advice and legal opinions on construction projects and contracts. On-site contract administration and claims management, including claim formulation and motivation and defending claims.

Examples of Kelly's experience include:

Representing and advising a major civil subcontractor in arbitration proceedings against a Chinese wind power contractor under a bespoke civil balance of plant subcontract on a wind farm project. The dispute concerned the imposition of liquidated damages. Represented and advised a joint venture in multiple adjudication proceedings against a subcontractor under a NEC3 subcontract on a multi-product pipeline project. These disputes included the validity of the termination of the subcontract, the calculation of the final account and rejected compensation events. Represented and advised a global engineering company in adjudication proceedings against a global mining company under a NEC3 professional services agreement. The dispute concerned damages for defective design. Reviewed a supply of engineering, materials, equipment and fabrication contract for a joint venture involved in the Mozambique LNG project. Opined on multiple issues that arose on the project including implications of terrorist groups in the project location and delays due to Covid 19. Reviewed a construction of civil works contract for a multinational mining house’s expansion project on a refinery in Namibia. The contract was based on the FIDIC Red Book conditions. On site commercial advisor to a joint venture executing the civil works at Kusile Power Station under the FIDIC Yellow Book. Kelly's role included claims formulation and management and contractual negotiations with various stakeholders.