Construction and engineering
Patrick Heneghan has considerable experience of engineering and construction disputes, particularly in the energy field. He regularly advises and acts in relation to construction disputes, and routinely deals with disputes arising under the common-form contract suites (in particular JCT and NEC contracts).
In each of his practice areas he represents parties in arbitration, the High Court and the County Court. He also acts in adjudications under the 1996 Act and in the enforcement of adjudicator awards.
Construction and Engineering
Representative matters include acting for:
- The owner of a 1.2 GW combined cycle gas fired power station, at the time one of the largest non-recourse financed power projects in Europe, in ad hoc arbitration proceedings in London. The owner successfully claimed significant liquidated damages for delay and defended counterclaims for extensions of time and loss and expense
- A US company in an ICC arbitration, seated in Paris, in relation to disputes arising out of a contract for the supply of turbine, generator and associated equipment for the construction of a single-cycle dual-fuel power station in Kuwait. Matters in dispute included whether or not the equipment supplied was in accordance with the contractual requirements and the supplier’s other obligations to ensure that the “back starting” and “black starting” equipment worked in the standard voltage in Kuwait
- A European electricity company in ICC arbitration proceedings in Stockholm in relation to disputes arising under an energy agreement concerning the commissioning of turbines and associated performance bonuses
- The British subsidiary of a US company in High Court proceedings in London in relation to the wrongful termination of the hire of what was, at the time, the world’s largest harsh environment jack-up rig
- One of India’s leading real estate developers in a series of LCIA arbitrations seated in London in relation to a slum rehabilitation project in India. The disputes included a claim that the developer had failed to achieve certain milestones for the project by the stipulated dates as a result of force majeure
- Acting for a British engineering company in relation to disputes arising out of the delay and costs incurred by the contractor in meeting employer requirements in relation to the construction of the Tsing Ma Bridge in Hong Kong, one of the world’s longest suspension bridges
- Acting for an Asian subsidiary of a US company in ICC arbitration proceedings in Singapore in relation to disputes arising from a project to introduce congestion charging
Representative matters include acting for:
- Affiliated Asian energy companies against an oil and gas major in joined ICC arbitrations, seated in Hong Kong, in relation to disputes arising under long-term take-or-pay gas contracts. The disputes concerned two combined cycle gas fired power stations with a joint output of 1.5GW and included claims for force majeure due to the national grid operator curtailing the output of the plants for grid-balancing reasons
- A European electricity company in relation to disputes arising under a long-term energy supply and off-take agreement providing for arbitration under the ICC Rules in Stockholm
- An African energy company in associated price review arbitrations, under the UNCITRAL Rules, seated in Geneva, in respect of a number of long-term liquid natural gas take-or-pay contracts. These disputes concerned the continuing relationship (if any) between the price of gas in the relevant market and the prices of a basket of alternative energy sources, as well as the purchaser’s own actions in impacting the price for gas in the relevant market
- A US energy company in an ICC arbitration, seated in Paris, in relation to disputes arising out of a contract for the supply of equipment for a single-cycle dual-fuel power station in the Middle East
Mr. Heneghan has been identified as a “rising star” in the Guide to the World’s Leading Experts in Commercial Arbitration (2013) and as “up and coming” in Chambers UK (2015). He is also recommended in both The Legal 500, where he is praised by clients for “achieving results” (2012) and providing “technically sound advice” (2013), and Chambers UK, in which he is described as “superb” (2013) and a “quality individual” (2015).
His work was recently recognised in the Financial Times’ “Innovative Lawyers 2014” report where one of his matters was “Highly Commended” in the Disputes Resolution field. He is also acknowledged by The American Lawyer as having participated in one of the highest-value international arbitrations of recent years.