Construction "Gives honest, realistic advice and is a pleasure to deal with even in the most highly pressured circumstances."
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1 Name: Thomas Lazur Call: Thomas Lazur is a construction and engineering specialist with particular expertise in energy, natural resources, and professional negligence claims. Before becoming a barrister he worked in investment banking and as a strategy consultant. His work is split evenly between High Court litigation and international arbitration. He is also regularly instructed to represent clients in various forms of ADR including adjudication, expert determination and mediation. Thomas has extensive experience in all aspects of claims management, advisory work and advocacy. He has worked with many experts over a range of disciplines on issues of liability and quantum. His advisory experience covers the full range of legal issues typically associated with construction disputes, such as letters of intent and claims associated with delay and disruption. His experience is not limited to purely construction disputes. He has been involved in a range of other commercial disputes involving issues of agency, estoppel, sham contracts, fraudulent misrepresentation, secret profits, sale of goods, restitution and contracts for the supply of electricity and gas. Examples of his work within different sectors are given in his full profile. In addition to his work as counsel, Thomas is a Fellow of the Chartered Institute of Arbitrators (FCIArb), a TECBAR accredited Adjudicator, an experienced mediator, and an Advocacy Trainer for the Inner Temple. Recommendations Construction "Gives honest, realistic advice and is a pleasure to deal with even in the most highly pressured circumstances." Chambers & Partners UK 2015 Energy and Natural Resources "He gives straightforward, practical advice and, while he will argue his corner where he feels strongly about a point, he has the ability to see all sides of an argument." Chambers & Partners UK 2015 Energy and Natural Resources Very thorough and extremely easy to work with Chambers & Partners UK 2013
2 Very popular in the market. Chambers & Partners Global 2013 Energy and Natural Resources "An incredibly robust junior who offers excellent insight into the highly technical aspects of disputes." Chambers & Partners UK 2012 "Very enthusiastic and a good sounding board for tactics." Chambers & Partners Global 2012 Recent Work Construction and Engineering Represented the main contractor in a dispute over letters of intent and claims of fraudulent misrepresentation following the failure to award a final design and build contract for a project in Battersea, London. High Court litigation. Represented a demolition contractor in a final account claim arising out of a development in in Piccadilly, London (High Court litigation - led in the final stages of the litigation). Numerous hearings in the High Court seeking or opposing the enforcement of an adjudicator s award. Various County Court trials on construction disputes, generally concerning final account claims for domestic and commercial developments, and allegations of defective workmanship and/or negligent design. Represented the Claimant in the Coop v Birse litigation concerning defects at a distribution centre in Rugby. Represented an agent involved the procurement of building contracts from the Libyan Government for Malaysian principals in Libya. High Court litigation Commercial Court. Represented the Main Contractor in a final account dispute with the employer over the construction of a highway in Qatar. ICC Arbitration. Represented the Main Contractor in a claim related to secret/hidden profits in the development of a spa hotel in South East England. Assisted in the SABIC v Punj Lloyd litigation concerning the termination of a contract for the construction of a LDPE plant in North East England. Main responsibilities related to preparation of witness evidence and early stages of trial preparation. Assisted in the Cambridge Guided Busway litigation on expert issues and review of disclosed documents
3 Energy Represented the vendor / contractor in a claim for sums due pursuant to contract with respect to the sale, refurbishment and storage of turbomachinery. Represented the main contractor in a dispute over defective works and the final account with a subcontractor arising out of the design and build of solar plant to supply the National Grid in various locations in the UK. Advised on a professional negligence claim concerning the design of a biomass energy plant. Represented the defendant energy company in a final account claim related to design works for a Flue Gas Desulphurisation project in Eastern Europe. ICC Arbitration. Represented various commercial organisations in disputes with energy suppliers in the UK. Includes deemed contracts and the statutory framework for the supply of energy to consumers. Experienced in claims arising out of the design and construction of offshore oil and gas plant including drilling rigs and associated plant (see section below on Shipbuilding / Offshore Construction). Represented the contractor in a final account dispute related to a Flue Gas Desulphurisation project in Wales. IT / Telecommunications Represented a security systems specialist in a dispute over the design and supply of hardware and software for an extensive CCTV system. High Court litigation. Represented an internet / cloud systems provider in a final account claim following the design, installation and commissioning of equipment and software in a government facility. Represented a telecommunications company following water damage to servers and other equipment after the failure of safety systems permitted the escape of water in the floor above the plant. High court litigation. Represented a telecommunications company in claims arising from the damage to plant in roads under NRSWA from pleadings to judgment following trial. County Court litigation. Represented a telecommunications company in claims arising from the damage to plant in private land. County Court litigation. Represented a telecommunications company in claims arising from fire damage to plant which occurred
4 during construction works. High Court litigation. Represented a telecommunications company in claims arising from damage to plant located in tunnels caused by street works. High Court litigation. Represented a mobile telecommunications company in claims related to the development of software for mobile devices. High Court litigation. Professional Negligence Represented an Architect in a negligence claim arising out of the development of the employer s home. High Court litigation. Represented the main contractor in a claim for negligent design of a CCTV system against a subcontractor / supplier. High Court litigation. Advised the employer in a claim for negligent advice related to a biomass energy project. Represented the architect / contract administrator in a professional negligence claim arising out of the design and construction of a new leisure centre. Numerous design / workmanship claims involving insurers including the negligent design and build of a carpark, a distribution centre and a football stadium. Shipping / Shipbuilding / Offshore Construction Represented the owner of a dredger in a dispute over the termination of a short-term lease for the vessel and a claim for liquidated damages. ICC Arbitration. Advised on the meaning and effect of a limitation clause within a contract for the refurbishment of an offshore drilling rig in the North Sea. Represented the purchaser of an offshore drilling platform in a dispute over defects, delays and the final account. ICC arbitration. Represented the contractor in disputes over the design and supply of an oil-offloading buoy. ICC arbitration. International Arbitration ICC arbitration before a tribunal of three. Defendant in a dispute over a Flue Gas Desulphurisation project in
5 Lithuania. LCIA arbitration before a tribunal of three. Sale, refurbishment and storage of turbomachinery. ICC arbitration before a tribunal of three. Dispute over a final account for works at the new international airport in Doha, Qatar. Domestic arbitration under the Act before a single arbitrator. Dispute over a final account under a JCT contract. Member of the Chartered Institute of Arbitrators (2013). Is a Fellow of the Chartered Institute of Arbitrators. ICC arbitration before a tribunal of three. Dispute over the supply of an offshore drilling rig from South Korea to Norway. ICC arbitration before a tribunal of three. Final account dispute concerning highway construction in Qatar. ICC arbitration before a tribunal of three. Dispute over the design and construction of an oil offloading buoy. Adjudication Regularly instructed to prepare notices, referrals and responses in both statutory and contractual adjudication proceedings. Appeared as advocate in many adjudication hearings. Advised on numerous challenges to the enforceability of decisions. Represented clients both enforcing and resisting enforcement of decisions in the High Court. TECBAR accredited adjudicator. Mediation Drafted mediation statements. Appeared as advocate in several mediations. Attended mediations as advisor / advocate. Instructed as mediator in a number of construction related disputes principally concerning final accounts. Selected Reported Cases Unaoil Ltd v Amona Ranhill Consortium Sdn Bhd and others [2012] ALL ER (D) 63 (Jun)
6 SG South Ltd v King s Head Cirencester LLP [2009] EWHC 2645 (TCC), [2009] All ER (D) 120 (Nov), [2010] CILL 2793, [2010] BLR 47 Vector Investments v J D Williams [2009] EWHC 3601 (TCC) T & T Fabrications Ltd & T & T Fabrications (A firm) v Hubbard Architectural Metalwork Ltd [2008] Adj.L.R. 04/21 Nageh v Giddings & Anor [2006] EWHC 3240 (TCC), [2007] CILL 2420 Publications Keating on Construction Contracts 9th Edition, 1st Supplement (2013) - Contributor Keating on NEC3 David Thomas QC (2012) - Contributor Keating on Construction Contracts 9th Edition (2012) - Researcher Bullen & Leake & Jacob s Precedents of Pleadings 17th Edition (2011) co-author of Section H: Construction Keating on Construction Contracts 8th Edition, 1st Supplement (2008) - Researcher Author of course materials for the CEM Diploma in Adjudication, The College of Estate Management. External Advisor to the Programme Approval Panel for the Masters in Law for Construction Professionals, University of the West of England. Contributory Author for the Practical Law Company. Recent Seminars NEC3 Guidance from the Authorities Walter Lilly Causation and Global Claims The Coop v Birse Litigation Amendments and the New Overriding Objective General Construction Law Update 2013 (Sweet & Maxwell Webinar) Education and Professional Career Morgan Stanley Dean Witter (Intern - Investment Management) 2000 BA History (Bristol) 2001 Accenture (Strategy Consultant) Diploma in Law (BPP) 2004 Called to the Bar (Inner Temple) 2005 Bar Vocational Course (BPP) 2005 Pupillage, Keating Chambers Tenant, Keating Chambers Awarded International CPD Grant for Young Barristers Trained Mediator Chair of Governors, Holy Trinity School, Wimbledon TECBAR Accredited Adjudicator
7 Member of the Chartered Institute of Arbitrations Inner Temple Advocacy Trainer Diploma in International Arbitration Fellow of the Chartered Institute of Arbitrations Membership Member of the Chartered Institute of Arbitrations (MCIArb) Technology and Construction Bar (TECBAR) Commercial Bar Association (COMBAR) International Bar Association (IBA) Society of Construction Law (SCL) Fellow of the Chartered Institute of Arbitrations (FCIArb) Other Information When not working he is usually found trying to control his twin toddlers on Wimbledon Common. When permitted, he plays golf. He tries to stay fit by cycling to work from Wimbledon, but his efforts are undone by a love of bad food and good wine. Contact Details For further information about Thomas Lazur practice please contact his clerks: Declan Redmond Will Shrubsall Anthony Carroll Shaun Coleman
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