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:

    • Vinci Construction UK Ltd v (1) Eastwood and Partners Ltd (2) Snowden Seamless Floors Ltd v GHW Consulting Engineers Ltd [2023] EWHC 1899 (TCC): successfully acted (as sole counsel) for a construction professional in an application for summary judgment involving the application of section 14A of the Limitation Act 1980 in a concrete cracking case (claim value £2.5 million);
    • Advising (as leading counsel) a group of leaseholders in relation to a multi-million-pound claim under the DPA 1972 concerning high-rise luxury flats;
    • Advising (as sole counsel) leaseholders in relation to a multi-million-pound claim pursuant to an NHBC warranty concerning a defective block of flats;
    • Successfully acting (as sole counsel) for a contractor in a 4-day High Court (London) 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 an electrical contractor in relation to a multi-party claim in excess of £34 million concerning fire damage and defects (High Court London, TCC, led by David Pliener KC, Gatehouse Chambers);
    • Advising an international firm of architects and their insurers in relation to a $2 billion claim by a foreign government concerning professional negligence in the design and contract administration of two airports (international arbitration, led by Simon Crawshaw, Atkin Chambers);
    • Acting for a thermal engineering consultancy and their insurers in relation to a dispute concerning overheating due to alleged defective glazing in a high rise building and solar gains (High Court London, TCC, led by David Pliener KC, Gatehouse Chambers);
    • Advising (led) in relation to TCC High Court litigation concerning a claim in excess of £250 million in relation to energy from waste;
    • Successfully advising and acting (as sole counsel) for contractor in a £6 million adjudication concerning allegations of professional negligence and liability for delay (claim dismissed entirely);
    • Successfully acting (as sole counsel) for a construction company owned by a royal family in relation to a series of adjudications worth in excess of £6million;
    • Acting and appearing (as sole counsel) for an engineering company in a multi-party dispute in the High Court (London) TCC concerning defective flooring at a warehouse (claim value £2.5 million, 12-day trial listed for 2024);
    • 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 (London, TCC);
    • Successfully acting (as sole counsel) for a small family-run business in a true value adjudication brought by a multi-national construction company for in excess of £550,000.00 (claim dismissed in its entirety);
    • 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 (as sole counsel) in the High Court (London) TCC in relation to an application for security for costs of a counterclaim worth £1.9 million; 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 power line works;
    • Advising (as sole counsel) a property developer on a defence to a claim worth £1.1m, including insurance coverage matters;
    • Advising, drafting pleadings and appearing (as sole counsel) in the Bristol High Court (TCC) in relation to defective PVC roofing claim under a JCT contract;
    • Acting (as sole counsel) for a building contractor in a 3-day multi-track trial in the TCC concerning alleged building defects (successfully beating a Part 36 offer);
    • Successfully acting (as sole counsel) for an agricultural contractor in a three-day trial in the TCC concerning agricultural fixtures and land drainage;
    • Advising in relation to a contractor’s liability for proper asbestos testing and removal;
    • Acting and advising (lead by Derek Pye, 3 Paper Buildings) in an arbitration concerning defective screeding works;
    • Advising and acting (as sole counsel) in relation to claims under the Party Wall Act (High Court Bristol, TCC);
    • Advising (as sole counsel) in relation to a Developer’s agreement and contractual warranties;
    • Acting (as sole counsel) in a three-day TCC trial concerning defective roofing and other building defects.
  • 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:

    • Successfully advising and acting (as sole counsel) for an architect and their insurers in a £6 million adjudication concerning allegations of professional negligence and liability for delay (claim dismissed entirely);
    • Successfully acting (as sole counsel) for a construction company owned by a royal family in relation to a series of adjudications worth in excess of £6million;
    • 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 (London, TCC);
    • Successfully acting (as sole counsel) for a small family-run business in a true value adjudication brought by a multi-national construction company for in excess of £550,000.00 (claim dismissed in its entirety).
  • Construction arbitration

    Construction arbitration

    Katie has experience in arbitrations. She has most recently advised 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, and also advised in a domestic arbitration concerning defective screeding works.

  • Energy & renewables

    Energy & renewables

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

    Recent cases

    • Advising (led) in relation to TCC High Court litigation concerning a claim in excess of £250 million in relation to energy from waste;
    • Advising a solar energy company on the termination of a wind energy lease agreement;
    • Advising (as sole counsel) an employer in respect of a defective bio-mass boiler installation at an energy from waste plant;
    • Advising a company in relation to a long-term contract to provide energy to the national 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:

    • Advising (as leading counsel) a group of leaseholders in relation to a multi-million pound claim under the DPA 1972 concerning high-rise luxury flats;
    • Advising (as sole counsel) leaseholders in relation to a multi-million pound claim pursuant to an NHBC warranty concerning a defective block of flats;
    • 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).
  • Construction litigation consultancy

    Construction litigation consultancy

    Katie has extensive experience in providing construction litigation consultancy services. Katie has worked as a litigation consultant for several well-known law firms on multi-million pound disputes on a dispute-specific basis and on multiple disputes. She provides day-to-day services, advice and litigation management assistance, including assistance with dispute timetabling, resource planning, disclosure, strategy, lay-client liaison and settlement.

• 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 KC);
    • 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 and unique 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:

  • Vinci Construction UK Ltd v (1) Eastwood and Partners Ltd (2) Snowden Seamless Floors Ltd v GHW Consulting Engineers Ltd [2023] EWHC 1899 (TCC): successfully acted (as sole counsel) for a construction professional in an application for summary judgment involving the application of section 14A of the Limitation Act 1980 in a concrete cracking case (claim value £2.5 million);
  • Acting for a thermal engineering consultancy in relation to a dispute concerning overheating due to alleged defective glazing in a high rise building and solar gains (High Court London, TCC, led by David Pliener KC, 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 (international arbitration, led by Simon Crawshaw, Atkin Chambers);
  • Successfully advising and acting (as sole counsel) for contractor in a £6 million adjudication concerning allegations of professional negligence and liability for delay (claim dismissed entirely);
  • Acting and appearing (as sole counsel) for an engineering company in a multi-party dispute in the High Court (London) TCC concerning defective flooring at a warehouse (claim value £2.5 million, 12-day trial listed for 2024).