Claire Packman KC

Claire is recommended in Legal 500, Chambers & Partners UK and Chambers Global for construction disputes. She is regularly instructed in high-value international arbitrations and in TCC litigation   Recent cases relate to the construction of power plants, airports, shopping centres, motorways, hotels, shopping centres, student accommodation, government offices, dredging projects, naval dockyard premises, solar power plants, off-shore wind farms, housing developments and high-end residential projects. She is experienced in the standard contract forms, including FIDIC, JCT, NEC, ICE, IChemE and professional appointments under ACE, RIBA and RICS standard appointments.  She acts for employers, contractors, sub-contractors and members of the professional team in cases involving a broad range of legal and technical issues. She also acts in adjudication disputes.

Claire was formerly an elected member of the Society of Construction Law Council. She is regularly involved in adjudications, adjudication enforcement proceedings and disputes relating to payment. She is a contributing author to the Architect’s Legal Handbook (she wrote to the chapter on tort) and to the LexisNexis online Adjudication KnowHow.  She is a former editor of the Adjudication Society newsletter.

Featured Construction & Engineering cases

Employer / Contractor / Sub-contractor disputes

• Acting for the employer in relation to the construction of two Middle Eastern oil-powered power stations in two ICC arbitrations.
• Acting for the employer in a delay and defects arbitration relating to three residential tower blocks in a Middle Eastern capital in an ICC arbitration.
• Acting for claimant owners of student accommodation in relation to defective cladding and other fire safety issues on a number of buildings in two sets of proceedings in TCC litigation.
• Acting for a claimant housing provider in a fire safety claim against the parent company of an insolvent design and build contractor and its insurers  in TCC litigation.  Issues included a claim for a building liability order.
• Acting for a local authority in relation to fire safety issues in the car park of a new development and whether they prevented the development from being practically complete in TCC litigation.
• Acting for contractors in relation to the installation of heating in a number of local authority tower blocks.
• Acting for a Middle Eastern port in a contractual dispute with a dredging contractor in an ICC arbitration.
• Acting for developers in a TCC dispute with asbestos removal contractors in relation to the redevelopment of a power station.
• Acting for architects/ design team in a Middle Eastern arbitration relating to the construction of an airport.
• Acting for an MEP sub-contractor in an ICC arbitration relating to the construction of a government offices complex in a Middle Eastern capital.
• Acting for a subcontractor façade designer in a dispute relating to cladding.
• Acting for a waste removal subcontractor in relation to an oil leak at a hospital.
• Acting for a contractor in relation to various disputes under contracts with a local authority for the upgrading of council properties.
• Mears v Costplan [2018] EWHC 3363 (TCC): Acting for contractors in a case where the prospective tenant sought an injunction and declarations from the Court to prevent practical completion being certified.
• Acting for a contractor in an ICC arbitration concerning a high value dispute over the construction of a motorway in the Indian Sub-continent under a FIDIC contract.  Issues include the role of the Dispute Board and delay.
• Acting for a government body in the Caribbean in a high value dispute with a contractor over a major road building project in a LCIA arbitration. Issues included delay and termination.
• Acting for the operators of a naval dockyard in a claim against sub-contractors.
• Acting for a UAE contractor in a DIAC arbitration in a high value dispute over the construction of accommodation blocks.  Issues include delay, disruption, variations and defects including concerns over structural stability.
• Acting in an ICC arbitration for a major European construction company in a multi-million pound dispute with an energy company relating to the construction of an offshore wind farm. Issues included vessel mobilization, grouted connections, vibrations, termination and delay.
• Advising an offshore wind farm company in relation to faulty offshore cables.
• Acting for a structural steel fabricator in a claim for over £4 million involving the near total collapse of a church while under construction.
• Acting for a main contractor in a dispute under a PFI contract for the construction of an acute hospital.
• Acting for a main contractor under a design and build contract in a £6 million case concerning the adequacy of ground improvement works for an industrial building: Commercial Management (Investments) Ltd v Mitchell Design and Construct Ltd and Regorco [2016] EWHC 76 (TCC).
• Acting for the Environment Agency in relation to contractual disputes with various contractors over the payment terms in a framework agreement.
• Acting in an arbitration for the Ministry of Defence in a multi-million pound dispute relating to a redevelopment project on a naval base.  Issues included M&E, glazing, fire protection, payment and delay.
• Acting for the Ministry of Defence in an arbitration relating to a contract for the maintenance of MoD housing stock.
• Acting for a major Japanese contractor in two international arbitrations relating to the construction of a motorway in Ghana.
• Acting for the Secretary of State in various actions relating to the construction of the M6 Toll Road and a number of adjudications arising from it.
• Instructed by the Highways Agency on various disputes relating to motorway widening projects: issues included bridges, tunnels, surfacing, earthworks and delay.

Negligence: construction professionals – engineers, architects, project managers, quantity surveyors

• Acting for owners of student accommodation in claim against architects and other construction professionals relating to fire safety issues in student accommodation.
• Acting for architects defending a claim for a remediation contribution order in relation to fire safety issues in the First Tier Tribunal.
• Acting for engineers in a dispute relating to the design of the Mersey Gateway Bridge.
• Acting for quantity surveyors in a multi-party action relating to the development of a shopping centre (with residential housing) in Newbury.
• Acting for the employer against architects in relation to the development of a prestigious Middle Eastern shopping centre.
• Acting for project managers in a dispute about practical completion of a development of residential flats.
• Acting for architects in a Middle Eastern arbitration relating to the design and construction of an airport.
• Acting for a large engineering company successfully seeing off a claim for £25 million against them in relation to the design of 5 car parks.
• Acting for a large engineering company in a claim for non-payment of fees under IChemE.
• Acting for a large engineering company in a dispute with a main contractor over payment and the design of electrical services in a dual carriageway tunnel.
• Sainsbury’s v Condek & Others [2014] EWHC 2016: Acting for Capita Symonds in successfully striking out a £6 million claim against them by Sainsbury’s relating to a car park.
• Acting for a University in a claim against its architects in respect of a new campus building.
• Acting for a well-known architect in an adjudication over a high-value domestic project.
• Acting for an architect defending a claim in relation to the drainage design for a new housing development.
• Acting for engineers Mouchel Parkman defending a multi-million pound claim from a joint venture contractor in relation to the construction of parts of the A1(M).
• Acting for engineers defending a substantial claim in an arbitration relating to the failure of two motorway embankments.
• Acting for engineers in litigation brought by Manchester City Council arising from the design and construction of the “B of the Bang” sculpture in Manchester.
• Acting for engineers in relation to a design error which delayed construction of university student accommodation.
• Acting for engineers in an action against the Whipps Cross Hospital NHS Trust relating to unpaid fees for works done in redeveloping the hospital; the work included advice in relation to the planning stages of the proposed PFI project.
• Acting for an engineer in an action against Leyton Football Club pursuing fees for work in relation to LFC’s stadium and entertainment facilities and defending allegations of engineer’s negligence.

Nuisance: flood / fire / tree roots

• Acting for a housing association against a developer where properties were subject to flooding.
• Advising the Secretary of State in relation to a landslip on the edge of the M60 and threatened proceedings by the owner of adjoining land.
• Acting for engineers in claim relating to adequacy of underpinning to remedy cracking caused by tree roots.
• Acting for insurers alleging fraud in two claims for fire damage, one at residential property and the other at business premises.
• Acting in a number of cases for the suppliers of products said to have caused a fire to start in residential premises.
• Acting for insurers in a dispute over the required remedial works in a case of tree-root caused subsidence.