Katie Lee

Areas of expertise

• Construction & engineering
  • Construction & engineering

    Construction & engineering

    Katie has considerable experience in construction litigation, and regularly appears in the TCC in the High Court and County Courts.  She has a wealth of knowledge of the main standard forms of contract (including JCT, NEC3, FIDIC, PPC2000) including developer agreements.  She also acts for and against various construction professionals in relation to professional negligence.

    Examples of Katie’s recent work include:

    • Appearing (as sole counsel) in a 4 day High Court TCC trial concerning an oral settlement of delay related losses, the validity of a liquidated damages clause, and the impact of waiver on the notice relating to the intention to deduct liquidated damages under the JCT forms of contract; Mansion Place Limited v. Fox Industrial Services Limited [2021] EWHC 2972 (TCC);
    • Acting for a thermal engineering company in relation to a dispute concerning overheating due to alleged defective glazing in a high rise building and solar gains (High Court, TCC, led by David Pliener, Gatehouse Chambers);
    • Advising an international firm of architects in relation to a $2 billion claim by a foreign government concerning professional negligence in the design and contract administration of two airports (led by Simon Crawshaw, Atkin Chambers);
    • Acting (as sole counsel) for an architect in a £6 million adjudication concerning allegations of professional negligence and liability for delay;
    • Appearing (as sole counsel) in the TCC in relation to the enforcement of an adjudicator’s decision based upon a settlement agreement which required the payment of certain sums upon the completion of certain construction works;
    • Currently involved as part of a team of counsel in an international construction arbitration with a value of $2 billion involving allegations of defective design;
    • Acting and advising in relation to TCC litigation concerning a multi-million pound development concerning complex issues about defective glazing design (lead by David Pliener);
    • Acting and advising a well known construction company in relation to the recent new interpretation of Regulation 4 of the Water Supply (Water Fittings) Regulations 1999, the WRAS guidance and how these apply to cisterns and pans;
    • Appearing in the London TCC in relation to an application for security for costs of a counterclaim worth £1.9 million (sole counsel); Everwarm Ltd v. BN Rendering Ltd [2019] EWHC 1985 (TCC);
    • Advising on settlement in a significant claim for loss and expense concerning a military installation;
    • Advising and acting in relation to a claim for delay of over £2 million in relation to railway line works;
    • Advising a property developer on a defence to a claim worth £1.1m (sole counsel);
    • Advising, drafting pleadings and appearing in the Bristol High Court (TCC) in relation to defective PVC roofing claim under a JCT contract (sole counsel);
    • Acting for a building contractor in a 3-day multi-track trial in the TCC concerning alleged building defects (sole counsel);
    • Acting for a agricultural contractor in a three day trial in the TCC concerning agricultural fixtures and land drainage (sole counsel);
    • Claim in relation to a contractor’s liability for proper asbestos testing and removal (sole counsel);
    • Arbitration concerning defective screeding works;
    • Appeal under the Party Wall Act in the Bristol TCC (sole counsel);
    • Advising in relation to a Developer’s agreement and contractual warranties (sole counsel);
    •  Instructed to appear in a three day TCC trial concerning roofing and other building defects (sole counsel).
  • Adjudication

    Adjudication

    Katie regularly acts as sole counsel in a number of adjudications, including for the responding and referring parties, including under Gatehouse Chambers’ fixed fee adjudication scheme.  She regularly deals with various complex and high value adjudications, with issues including jurisdictional  challenges, final account disputes, delay, costs, disputes over payment notices, insolvency issues, and enforcement.

    A few examples of recent adjudications Katie has acted in include:

    • Appearing (as sole counsel) in the TCC in relation to the enforcement of an adjudicator’s decision based upon a settlement agreement which required the payment of certain sums upon the completion of certain construction works;
    • Acting (as sole counsel) for an architect in a £6 million adjudication concerning allegations of professional negligence and liability for delay;
    • A multi-million pound final account dispute involving multiple experts and allegations of defects in construction and design;
    • A complex dispute concerning inappropriate VAT deductions made by an employer in the absence of appropriate payment notices;
    • A dispute concerning proper compaction and testing of groundworks under BS 1377-9: 1990;
    • A multi-million pound dispute on a high value residential development in west London involving defective design and failure to provide adequate design co-ordination;
    • A final account dispute with a value of £500,000.
  • Construction arbitration

    Construction arbitration

    Katie has experience in arbitrations, including a high-value dispute concerning defective screeding works.

    Katie is currently involved as part of a team of counsel in an international construction arbitration with a value of $2 billion. Katie as also previously been involved in a domestic arbitration concerning defective screeding.

  • Energy & renewables

    Energy & renewables

    Katie has a particular interest in disputes involving energy/utility companies.

    Recent cases

    • Advising a solar energy company on the termination of a wind energy lease agreement.
    • Advising an employer in respect of a defective bio-mass boiler installation.
    • Advising a company in relation to a long-term contract to provide energy to the grid and 
receipt of payments for the same.
    • Acting for a company specialising in the installation of solar panels in 
relation to loss of profits and return of installation.

     

  • Property damage

    Property damage

    Katie regularly deals with property damage cases, and has experience with drafting Scott Schedules and experts’ letters of instruction.  Katie is regularly consulted at an early stage in the litigation process to advise on case management strategy and expert appointment.

    Examples of Katie’s recent work include:

    • Assisting and advising in relation to £6 million High Court (London TCC) claim concerning inadequate backfill, inadequate design of a ground bearing slab and defective installation of below ground drainage;
    • Advising in relation to a £6 million defects claim arising from cracking to a ground bearing slab due to inadequate mix of concrete;
    • Instructed to appear in a three day TCC trial concerning roofing and other building defects (sole counsel);
    • Drafting proceedings for a High Court (London TCC) case concerning a defective concrete slab;
    • Advice on liability for subsidence to a residential property (sole counsel);
    • A claim involving a defectively built extension on a high value residential property (sole counsel);
    • Instructed to advise in relation to the coverage of an NHBC Buildmark policy (sole counsel).
• Commercial dispute resolution
  • Commercial arbitration

    Commercial arbitration

    Katie has expertise of commercial arbitration including in the ICC and LCIA.

    Examples of recent work include:

    • Advising an international firm of architects in relation to a $2 billion claim by a foreign government concerning professional negligence in the design and contract administration of two airports (led by Simon Crawshaw, Atkin Chambers);
    • Advising as sole counsel on the appropriate procedure and merits in respect of an application disputing the English High Court’s jurisdiction in proceedings concerning a US company and US based dispute;
    • Advising on the requirements for service under the Hague Service Convention and the EU Service Regulation;
    • Advising on the validity of an arbitration clause within the jurisdiction.
  • Commercial litigation

    Commercial litigation

    Katie deals with a wide variety of commercial claims including applications in relation to service out of the jurisdiction and conflicts of laws, as well as applications opposing the jurisdiction of the English courts.

    Examples of Katie’s recent cases include:

    • Appearing in the High Court on a multi-million pound claim concerning unpaid agency fees, involving allegations of concealment and fraud (lead by Nigel Jones QC);
    • High Court claim involving the Consumer Contracts (Information, Cancellation etc) Regulations 2013;
    • Instructed as sole counsel to act for a company in the High Court against a substantively disputed winding up petition and also on an application for leave to appeal;
    • Malicious prosecution for a wrongfully brought winding up petition;
    • Claim involving a defective Aston Martin;
    • Advising and acting for the leading international specialist in a well-known brand of classic car.
• Construction Professionals

  Construction Professionals

  Katie’s construction work has led her into dealing with professional negligence claims against various construction professionals such as surveyors and architects.

  Examples of Katie’s recent work include:

  • Acting for a thermal engineering company in relation to a dispute concerning overheating due to alleged defective glazing in a high rise building and solar gains (High Court, TCC, led by David Pliener, Gatehouse Chambers);
  • Advising an international firm of architects in relation to a $2 billion claim by a foreign government concerning professional negligence in the design and contract administration of two airports (led by Simon Crawshaw, Atkin Chambers);
  • Acting (as sole counsel) for an architect in a £6 million adjudication concerning allegations of professional negligence and liability for delay;
  • Multi-party High Court dispute concerning the installation of solar panels;
  • Multi-party High Court dispute concerning defective flooring;
  • Dispute concerning a claim against a firm of project managers and a firm of architects in relation to a high value residential property;
  • Claim concerning an engineer’s negligent calculations;
  • Instructed as sole counsel to advise on a disputed party wall award and surveyor’s negligence;
  • Instructed as sole counsel to advise on and draft a defence to a claim for an architect’s professional negligence.