Hayley is a Solicitor in the Commercial Disputes and Regulation team. She specialises in contentious construction: resolving high-value and complex disputes in the fields of engineering, construction, and major projects.
Hayley's clients include employers, contractors, and consultants, and her construction disputes work spans numerous sectors including energy, transport, education, hospitality, leisure and commercial real estate. She has experience of litigation, both in the Court of Session and Sheriff Court, and has an interest in all forms of alternative dispute resolution including adjudication, arbitration and mediation.
She has spent time on secondment at a major utilities provider, where she gained invaluable knowledge and experience.
- Secondment at a major utilities provider completing both contentious and non-contentious construction work, including advising on and negotiating major contracts.
- Advising employers and contractors on issues relating to construction and engineering contracts, including disputes regarding variation to contract works, payment provisions, extensions of time, additional costs, breach of contract claims and professional negligence.
- Assisting a major utilities contractor in pursuing an approx £50 million action in the Court of Session in relation to outstanding defects.
- Assisting a management contractor in pursuing an approx £70 million action in the Court of Session, concerning defects on a major roads Private Finance Initiative project.
- Assisting a major utilities provider in pursuing an action in the Court of Session in relation to outstanding and incomplete works.
- Advising a major utilities provider in relation to managing a contractor insolvency and negotiating a settlement, both in relation to terminating the contract and recovering assets.
- Assisting a major contractor at a tripartite mediation concerning a costs dispute arising from a £140 million Technology and Construction Court action that our team also defended.
- Assisting an employer in defending a ‘smash and grab’ adjudication following an interim payment failure relating to an approx £12 million contract for a hotel development and achieving a successful negotiated settlement and conclusion.
- Assisting hotel clients on defending multiple adjudications with contractors in relation to payment, delay, and loss and expense.
- Successfully pursuing an adjudication for an employer in relation to the contractor’s breach of the programming obligations and providing advice in relation to the contractor’s extension of time and loss and expense claims.
- Assisting a main contractor client in successfully defending an adjudication relating to the validity of the termination of a major sub-contractor in relation to an energy for waste facility.
- Advising a local authority in relation to various disputes with a contractor relating to delay damages, the value of compensation events, the price and disposal of site materials, and assisting in negotiating a favourable settlement.
