Over the 27 years that he has specialised in the fields of Construction law and Dispute Resolution, Lorne has shown himself to be someone both professionally and personally who can provide legal and commercial advice of the highest quality as well as combining a very good understanding of the construction and commercial process, thus allowing the advice and representation given to be relevant to the Client’s circumstances in the real world, designed to provide clear and understandable guidance to the people involved and as a consequence to ensure that the service provided is in the best interests of the Client whether in terms of Contract formation or administration, legal and commercial risk assessment or successful resolution of disputes, as opposed to purely academic advice given without an appreciation of the context or the consequences of the advice.
Construction Law Advice
Lorne has for some 27 years now provided advice to all categories of Client including Employers, Purchasers, Developers, Contractors, Sub-Contractors and Suppliers and which advice concerns the setting up and administration of Construction Contracts and the understanding of legal issues and the commercial risks that flow from the same. Such advice is given to organisations and individuals all around the World and whether pre or post Contract formation. Guidance is provided in a form which can be understood by those involved in the matter, whether a new contract, existing or a dispute, and in a way which provides the Client with an appropriate basis for making the decisions that matter, whether on behalf of the Public, Company or the Client as an individual. He will always use his knowledge and expertise to resolve matters, whether the negotiation of a contract or a dispute, rather than allow it to escalate or gather a momentum that is difficult to stop.
Over the many years specialising in this field he has been involved in many instructions ranging from preparing/vetting individual bespoke forms, PFI procurement chain issues, amending standard forms including JCT, NEC, ICE, ICC, FIDIC, GC/Works, IChemE, MF/1, preparing Contract and Sub-Contract procurement systems, Orders, Purchase arrangements and other related documents including Collateral Warranties, Bonds, Guarantees, Joint Ventures, Acceleration Agreements, Framework Agreements, Deeds of Variation, FM arrangements, Novation etc. Advising on BIM and electronic data interchange arrangements (legal).
Representative in Adjudication and Arbitration
Acting as Representative in over 200 formal dispute resolution actions in the UK and leading the team including advising on the merits and case management, preparing pleadings and submissions, overseeing claim and support back up preparation, leading advocacy save for 5 cases where lead Counsel was appointed. Cases have been across the sectors including Nuclear de-commissioning, process plant, speculative housing, commercial and retail projects, oil and gas (pipelines and rig construction) and civil engineering projects including roads and bridges. Instructions relate to disputes in the range of £50M down to £25K.
Acting as Adjudicator
Appointed Adjudicator in over 50 cases and on the RICS list of Adjudicators. The cases have ranged in value from £50K – £4m and cover a variety of issues which include the following by way of example of the range; • Screeding work to building. Final account value and defects. • Construction of speculative housing. Several Adjudications commenced at the same time. Delays, extensions of time, liquidated damages and withholding. • Mechanical & Electrical work. Interim valuation, delays and deductions. • Loss and/or expense claim. • Road and draininage installation. Valuation. • Balustrade and extrusions to large retail store. Final account, delays and deductions plus defects. • Mechanical and electrical work to railway station. Delays, deductions, loss and/or expense and variations. • Upvc Windows and doors to refurbishment programme. Variations, deductions and interim payment. Several Decisions have been the subject of challenges/petitions to the Courts namely JPA Design and Build Ltd v Sentosa (UK) Ltd,  EWHC 2312 (TCC) and Vision Homes Ltd v- Lancsville Construction Ltd and in each case the Decision, action etc has been found to be appropriate and upheld.
Overseeing and advising on time and money claims including fact management, programming analysis and techniques, schedules and cause and effect, evidence and back up, form and manner of presentation, negotiation, without prejudice offers and finalisation of settlement agreements. Guiding the team on preparation and format, drafting narrative, notices and applications.
Dispute Adjudication Boards
As a Member of a Dispute Adjudication Board (‘DAB’) Lorne has been able to make the most of his extensive knowledge of the construction process and contracts such as FIDIC, as well as his quantity surveying and legal background, thus working as part of a small team in trying to resolve disputes and guide the Parties in the administration and understanding of their contracts. DABs are on the increase throughout the world and provide a most suitable form of arrangement on larger projects for dispute avoidance and/or early resolution saving management resources and time and by definition and significant costs. Lorne’s experiences in this regard along with his wide and deep skill base, make him ideally suited to be a Member or Chair Person of DABs across the World and the construction sectors.
He has undertaken many of the work/tasks described above on projects in France, Qatar, Luxembourg, Dubai, Bahrain, Mauritius, Jersey and also spent several years advising a large South Korean Contractor on law, claims and dispute management and resolution across the World.
Services from Lorne Alway
- Construction Law Advice
- Drafting/Vetting Contracts
- Representative in Adjudication and Arbitration
- Acting as Adjudicator
- Dispute Adjudication Boards
- International Experience