"Rachael Yates has consistently provided good value, technically sound, fantastically responsive, commercially focused dispute resolution advice to a number of our project companies."
(Paul Andrews at Amber Infrastructure)
Rachael is a dispute resolution lawyer with expertise in managing construction and engineering disputes. In the public sector she has acted for Authorities, Project companies and contractors on claims relating to project cost overruns, award of deductions and the levy of service failure points.
In the private sector Rachael has acted for contractors, developers, professional consultants, investment companies and insurance companies. She advises clients in adjudications, mediation and litigation in the Technology and Construction Court and has been involved in arbitrations both domestic and international.
Rachael is listed as a Leading Individual in Chambers (2018 Edition).
Construction & Engineering Disputes
Rachael works with clients from all sectors of the construction industry, acting for both public and private bodies.
- Advising on issues arising from cable replacement works from an offshore wind farm to an on shore substation.
- Acting for an engineering company in relation to claims brought by a sub-contractor for works carried out on a submarine rescue vehicle which required analysis of complex design issues. The claim was settled at mediation within the parameters identified in our risk report to the client.
- Acting for an engineering company in relation to claims brought by the main contractor for liquidated damages and performance related damages. The claims arose pursuant to a contract for the design, procurement and commissioning of a compressor. The claims were successfully settled with the client paying £0 to the main contractor.
- Advising a global player in the PV sector on $multimillion claims brought against them for allegedly defective modules installed at a solar farm. Avoiding formal arbitration proceedings was key to the client’s future restructuring plans, which impacted on the tactics for negotiation in order to achieve settlement on commercially acceptable terms.
- Acting for ProjectCo in relation to claims of defective pipework at a PFI school, where the proposed solution was a £3 million pipework replacement. Procuring active engagement from all involved parties in order to minimise exposure of ProjectCo.
- Advising a defendant in relation to claim arising from allegedly defective engines utilised in an oil field in Yemen; claim brought in Canada and settled ahead of disclosure/discovery.
- Advising a creative engineering and staging company in relation to works at a Universal Exhibition in Milan.
- Acting for a civil works contractor in relation to the construction of a hydro scheme – employing a tactic of multiple adjudications on simple winnable points for the client to bring the employer to the table to negotiate a favourable settlement.
- Risk management review for owner of thermal power station in relation to the construction of a biomass facility.
“Our Rachael is very approachable and always finds time to listen, she reacts quickly and concisely to questions and provides any subsequent services to agreed timescales and within agreed budget costs. She provides clear advice in a language that we understand with an eye on an outcome that is best for us, one that is always commercially driven. Her advice is always practical and related to her previous experiences.”(Andy Leatham, Alan Auld)
“Rachael Yates has consistently provided good value, technically sound, fantastically responsive, commercially focused dispute resolution advice to a number of our project companies.”(Paul Andrews, Amber Infrastructure)
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