Steve Nichol

I recently advised a leading European engineering company in relation to a dispute arising from the design and construction of a major new rail project in the UK. The dispute related to the need to redesign multiple structures on the route to take into account adjustments to alignment, and the costs incurred as a result. I advised my client on their entitlement under the contract as well as the best approach to resolve the dispute commercially. Following my advice, my client was able to secure a favourable settlement without recourse to dispute resolution proceedings.

I also recently advised a leading US engineering company in relation to a dispute with its local JV partner on a regassification project in India. The project incurred significant time and cost overruns, resulting in disputes between the JV partners as well as with the employer. The JV partner commenced an arbitration in which my client was wholly successful. Following that decision, we reached a commercial settlement with the employer and then pursued proceedings against the parent company of the JV partner in the UK. Ultimately all disputes were settled.

I have also been advising a portfolio of PFI project companies operating in the healthcare sector on a range of disputes. The disputes on which I have advised cover a range of issues and feature a variety of counterparties. The most notable disputes are with the facilities management provider, and these disputes primarily relate to fire safety issues arising in the facilities. I have taken a leading role in settlement discussions on behalf of my clients; to date we have been able to resolve these disputes commercially, without recourse to formal dispute resolution proceedings.

Early in my career, I acted for one of twelve defendant parties involved in a project that had resulted in the collapse of a tunnel being constructed over a major arterial rail route in the UK. The dispute involved highly complex construction and engineering issues, and I worked very closely with our independent expert to gain a deep understanding of those issues. Ultimately, all 13 parties were able to reach a commercial settlement after a four-day mediation, on terms that were very favourable for my client. Aside from the high-value, high-profile nature of the dispute, I found it personally significant as it provided a valuable insight into how it is sometimes possible to settle even apparently unresolvable disputes.

Later, as a partner, I acted for a local authority client faced with major fire safety concerns at five large residential tower blocks, following investigations carried out in the aftermath of the Grenfell Tower disaster. The investigations had prompted the late-night evacuation of all five tower blocks pending removal of the cladding. My team and I were able to support the authority through the immediate aftermath, assist the authority in procuring extensive independent investigations of the blocks to identify issues and determine remedial solutions, and prepare claims against a number of defendants.

Ultimately, the various disputes were resolved through a commercial settlement. The necessary works to the blocks were carried out and completed, and the buildings made safe.

However, as this dispute played out alongside the Grenfell Tower Inquiry, we had constant reminders of how things might have gone a very different way.

I have been repeatedly recognised by the Legal 500 for my work, particularly in the rail sector.