“Professional and knowledgeable with a keen grasp of the legal issues, and able to build a natural rapport with clients” - the Legal 500
Katie is a commercial barrister with particular expertise in construction, engineering, energy and technology-related law. Recommended in Construction by Legal 500, she is known as a hard-working and reliable junior, and is highly regarded for her attention to technical detail and commercial awareness, as well as for her cross examination and trial work. She acts and has acted for employers, developers, contractors and construction professionals. For example, Katie is currently part of a multi-counsel team on a $2 billion international construction arbitration involving allegations of defective design, and has recently acted in relation to TCC litigation concerning a multi-million pound development and defective glazing design.
As well as working in large teams with senior counsel, Katie is regularly instructed as sole counsel to act and advise in relation to both High Court and County Court disputes. For example, Katie is currently instructed as sole counsel in a High Court TCC dispute set down for a four day trial in October 2021 involving the construction of a multi-million pound develop for student accommodation, and was recently involved in an application for security for costs in the London TCC (High Court) on a final account dispute, where the judgment was reported.
Katie also has an interest in niche areas of construction, including the effects of Covid-19 on construction contracts, and has advised in relation to asbestos-related defects, sanitary issues under the Water Supply (Water Fittings) Regulations 1999 and bio-mass energy output under the Non-Domestic RHI Scheme. Katie is also very experienced in adjudication and the adjudication enforcement process.
Katie is currently a co-editor of the Construction, Engineering and Energy Law Journal of Ireland and regularly writes articles and case updates. She has been published a number of times in the Construction Law Journal and the Construction and Engineering Law Journal of Ireland.
Katie was also a contributing editor to the first supplement to the leading text on ‘Delay and Disruption in Construction Contracts’ (Burr 2016), and a contributor to the leading text, ‘Construction Professional Indemnity Insurance’ (Reed 2018). She regularly contributes to the Practical Law Construction Blog, and has appeared in a number of video blogs on various litigation topics.
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:
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).
Katie regularly acts as sole counsel in a number of adjudications, including for the responding and referring parties, including under Hardwicke 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:
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;
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.
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).
Katie has expertise of commercial arbitration including in the ICC and LCIA.
Examples of recent work include:
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.
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.
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:
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.
Recognition
“Professional and knowledgeable with a keen grasp of the legal issues, and able to build a natural rapport with clients.”Legal 500
“Katie is very easy to work with – a real part of the team. She has a real talent for navigating a way through complex issues”A Client
Directory recommendations
Katie Lee is ranked for Construction in Legal 500. She is described as:
‘Professional and knowledgeable with a keen grasp of the legal issues, and able to build a natural rapport with clients.’
Professional associations
Co-Editor of the Construction, Engineering and Energy Law Journal of Ireland
Contributing editor to 1st supplement to ‘Delay and Disruption in Construction Contracts (Burr, 2016)
Society of Construction Law
TECBAR
Publications
Co-editor of the Construction, Engineering and Energy Law Journal of Ireland
Contributing editor to the first supplement to the text ‘Delay and Disruption in Construction Contracts’ (Burr 2016)
