James Clarke
James Clarke
James Clarke
Biography
James Clarke is a partner within the firm’s Contentious Construction practice with formidable expertise in helping clients resolve disputes arising from major international projects across the infrastructure and energy sectors, as well as high-value commercial and residential real estate projects. James has over 15 years’ experience of successfully representing clients across the full spectrum of formal and alternative dispute resolution procedures, including through International Arbitration (under ICC, SIAC, UNCITRAL and ad-hoc rules), the London Technology & Construction Court, Adjudication, Expert Determination and Mediation.
Having previously led BCLP’s Construction practice in Singapore, James continues to frequently represent some of Asia’s largest construction and engineering firms in high-stakes disputes stemming from major international projects. His matters include disputes arising from multi-billion dollar energy, infrastructure and real estate projects in areas as diverse as oil & gas, coal, biomass, hydroelectricity, transport, manufacturing, healthcare and luxury real estate developments across Europe, the CIS, the Middle East, and Southeast Asia. His breadth of experience has grown to include significant expertise in domestic building safety related claims across a diverse real estate portfolio, including education, residential property, hotels, office space and mixed-use developments involving some of the UK’s leading investors, portfolio managers, contractors and engineers.
James’ practice incorporates a wealth of technical and sector-specific expertise advising on issues such as defects, delay, design liability, professional negligence, payment, insolvency and termination. He gets to grips with the granular detail of a dispute quickly, including complex matters relating to quantum and evaluating expert evidence to provide comprehensive and strategic advice. James provides his clients early practical and strategic support to identify the warning signs of potential disputes and to facilitate early commercial resolution, thus limiting the impact of any adversarial situations on delivery of their projects.
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Admissions
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England and Wales
Related Practice Areas
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Construction Disputes
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Infrastructure
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Litigation & Dispute Resolution
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Business & Commercial Disputes
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International Arbitration
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Commercial Construction & Engineering
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Energy Transition
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Renewables
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Financial Institutions
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Oil, Gas and LNG
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Real Estate
Experience
- Representing an oil and gas major and prime contractor in UNCITRAL International Arbitration of an EPC subcontractor’s claims for USD 100m in respect of alleged misleading and deceptive conduct and delays to construction of the Product Loading Facility and Tug Berths on a USD 20bn+ development of an LNG Plant in Australia.
- Representing an oil refinery owner in ICC International Arbitration proceedings against an EPCm Contractor relating to claims of €150m. The claims concerned delay and additional costs arising from the alleged negligent performance of Engineering, Procurement and Construction Management services on a €1 billion+ oil refinery upgrade project.
- Representing a Japanese trading company in ICC arbitration seated in Tokyo in respect of claims totaling USD 80m arising from the alleged wrongful termination and fraudulent breach of a fabrication and supply contract for copper base bars produced from recycled electronic scrap.
- Advising a subcontractor in respect of multiple claims arising from temporary works, groundworks and structural works on a USD 31bn development of an LNG plant in North America.
- Advising and representing a Korean main contractor in respect of prospective claims in SIAC arbitration against a subcontractor for defective manufacture and installation of Building-Integrated Photovoltaic roof panels on a landmark mixed-use commercial property development in Singapore.
- Advising a Korean main contractor in respect of its claims against a state-owned developer for USD 40m arising from the early termination of its EPC contract for the construction of a landmark commercial property development in Baku, Azerbaijan.
- Advising a Korean main contractor in respect of its claims for USD 75m arising from delays, suspension and then early termination of an EPC contract for the engineering and construction of a degasification plant in Iraq.
- Representing the owner in the defence of a contractor’s claim in adjudication for compensation events totalling £15m under the NEC3 form of contract in respect of tunnelling works on a £4bn Nationally Significant Infrastructure Project. The dispute turned on the correct interpretation of contract and complex allocation of risk in respect of third party asset protection.
- Advising a UK main contractor on the treatment of multiple claims relating to various historical construction contracts following the divestment of its construction and building services divisions to third parties. Successfully pursuing claims in the High Court for declarations of the buyer’s obligations to account for information and to deliver-up documents in respect of arbitral proceedings conducted by them on the seller’s behalf.
- Representing a developer in adjudication over its £4 million final account dispute with a contractor (involving variations, extensions of time and loss and expense) in connection with the refurbishment of commercial property in London.
- Defending adjudication proceedings by contractors in respect of two disputed final accounts for the development of a University’s teaching and accommodation facilities. Pursuing Part 8 claim in the Technology and Construction Court on a new point of law relating to the effect of the Final Certificate under the JCT Standard Form of Contract.
- Representing a joint venture contractor in a multi-tiered mediation process in relation to claims and cross-claims in excess of £300m between it and the Employer arising from a rail infrastructure project let under the NEC3 target cost standard form contract.
- Advising and representing a contractor on a +£250 million hospital redevelopment under the Private Finance Initiative. James provided project advisory services and represented the contractor in adjudication proceedings relating to various main contract, subcontract and consultant designer issues, including liquidated damages, variations, extensions of time and loss and expense, insolvency, termination and designer professional negligence.
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