Kort Egan

Areas of expertise

• Construction & engineering
  • Construction and engineering disputes

    Construction and engineering disputes

    Kort has worked on a wide variety of construction and engineering disputes as well as related professional negligence, property damage and insurance disputes.

    Kort has acted as counsel in litigation, international arbitration, adjudication and in mediation.

    Recent litigation work includes:

    • Drafting the Defence to a £2.5 million claim in respect of a call on a bond.
    • Advising a sub-contractor in respect of a dispute worth over £15 million concerning a power plant.
    • Drafting the Defence to a professional negligence claim brought against an architect worth c£700k.
    • A coverage dispute worth c£15 million concerning cladding (led by Paul Reed KC).
    • Successfully obtaining summary judgment for the full sum claimed and the strike out of a counterclaim worth almost £4 million.
    • A final account dispute involving issues including rectification and the proper interpretation of a number of terms of the NEC3 Subcontract (led by Simon Hughes KC).
    • Successfully obtaining security for costs in the High Court TCC.
    • Advising and drafting in respect of a number of cladding disputes.

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    Kort has experience of construction arbitrations under a wide variety of governing laws including English, UAE, Singaporean and Omani law.

    Having contributed several chapters to the book Understanding the FIDIC Red and Yellow Books, which compared and contrasted the provisions of the 1999 and 2017 FIDIC contracts, Kort brings particular expertise to any disputes concerning FIDIC contracts.

    Recent work in international arbitration includes:

    • A substantial dispute as to whether a bank was required to make payment pursuant to a performance bond.
    • Advising, as sole counsel, in a dispute concerning a large international hydropower project. The contract is based on the 1999 FIDIC Silver Book.
    • A substantial international arbitration in which the contract is based on the 1987 FIDIC Red Book (led by Paul Reed KC).
  • Adjudication

    Adjudication

    Kort has extensive experience acting as sole counsel in adjudications. Kort acts for employers and contractors/subcontractors and advises on the merits of pursuing/defending adjudications and in respect of the enforcement of adjudicators’ decisions.

    Kort brings particular expertise to disputes concerning payment provisions. As well as successfully acting for contractors seeking payment, Kort has successfully defended employers in adjudications worth over £2 million, c£2million and over £1.5 million.

    Recent adjudication work includes:

    • Acting in an adjudication worth c£4.5 million concerning the assessment of compensation events under a form of NEC3 contract.
    • Successfully enforcing an adjudicator’s decision in the High Court TCC. The Court required the Defendant to pay the six-figure sum ordered by the adjudicator, interest and indemnity costs.
    • Acting as sole counsel in an adjudication worth c£850k concerning the final account in respect of works carried out to a Grade II* listed residential property. The adjudication was settled on favourable terms after Kort’s Referral Notice was served and prior to the opposing side serving its Response.
    • Successfully defending a housing association in an adjudication, in which the Contractor was seeking declaratory relief in respect of extensions of time and loss and/or expense.
    • Acting for a firm of architects in an adjudication concerning allegations of professional negligence. The Referring Party elected not to pursue the adjudication after receipt of jurisdictional submissions drafted by Kort.
    • Successfully representing an employer seeking declaratory relief as to a contractor’s professional negligence.
    • Successfully representing a housing association in an adjudication concerning the scope of the contractor’s design obligations.
    • Persuading the adjudicator that the contractor had repudiated the sub-contract and that the sub-contractor was therefore entitled to a substantial sum.
    • Successfully defending an employer in a six-figure adjudication. Kort persuaded the adjudicator that the contractor had repudiated the contract in seeking to terminate its employment unreasonably and hence contrary to the JCT terms. Kort’s client was not required to pay any sum to the Contractor.
• Energy, renewables and natural resources

  Energy, renewables and natural resources

  Kort has a strong interest in disputes concerning the energy sector, renewables and natural resources.

  Recent work in such areas includes:

  • A substantial international dispute in the Middle East in respect of a natural resource project.
  • Advising, as sole counsel, in respect of a large hydropower project.
  • Acting, as sole counsel, for a sub-contractor in a substantial international dispute concerning an LNG plant.
• Property damage

  Property damage

  Kort draws on his construction, professional negligence and insurance expertise when acting in property damage disputes.

  Recent work in this area includes:

  • Acting as sole counsel in an adjudication worth c£850k concerning the final account in respect of works carried out to a Grade II* listed residential property. A large section of the account concerned damage caused to the wine cellar as a result of water ingress stemming from defective damp proofing works. The adjudication was settled on favourable terms after Kort’s Referral Notice was served and prior to the opposing side serving its Response.
  • Kort acted for the Part 20 Defendant in a multi-party claim concerning flooding to a development. Kort drafted the Defence to the Part 20 Claim and the matter was settled shortly afterwards on favourable terms.
  • Acting as sole counsel in High Court proceedings concerning the collapse of a wall.
  • Acting as sole counsel in a large international dispute concerning damage to a power plant.
  • A coverage dispute worth c£15 million concerning cladding (led by Paul Reed KC).
  • Acting for a firm of architects in an adjudication concerning allegations of professional negligence in relation to waterproofing. The Referring Party elected not to pursue the adjudication after receipt of jurisdictional submissions drafted by Kort.
  • Advising and drafting in respect of a number of cladding disputes.
• Commercial dispute resolution

  Commercial dispute resolution

  Kort has acted in commercial disputes across a range of industries.

  Recent work includes:

  • Drafting the Defence to a £2.5 million claim in respect of a call on a bond.
  • Acting as sole counsel in a large international dispute worth over £15 million concerning damage to a power plant.
  • Successfully representing a party seeking the payment of unpaid invoices worth c£425k.
  • Successfully representing the defendant in lengthy proceedings concerning works carried out by the defendant to a boat. Following multiple CMCs, a six-day trial and a consequential hearing in the County Court, Kort’s client was the net beneficiary of the judgment, was awarded costs on the indemnity basis and a substantial payment on account. Kort appeared at trial against counsel significantly beyond his call.
  • A coverage dispute worth c£15 million concerning cladding (led by Paul Reed KC).
  • Defending a claim brought against a supplier of goods. The claim was settled after the filing of the defence.
  • Advising a client in a substantial dispute in respect of the supply of goods.
  • A substantial international dispute concerning an alleged unlawful means conspiracy.
  • Successfully defending a number of claims made against an international airline.
  • Successfully defending a well-known online travel agency.
  • Defending claims brought against major telecommunications providers.