Senior Associate, Dispute Resolution & Construction
Elizabeth joined Rosenblatt’s Dispute Resolution and Construction teams in May 2017 and has acted for a variety of private and public sector clients on a full range of contentious and non-contentious construction matters, from advice on procurement methods and the negotiation and implementation of construction contracts through to dispute avoidance and resolution.
On the contentious front, Elizabeth has experience of high value multi-party litigation in the Technology and Construction Court (the “TCC”) and of adjudication. On the non-contentious front Elizabeth has advised on the preparation and review of industry standard form building and engineering contracts (including their amendment), professional appointments (both bespoke and some industry forms), collateral warranties and third party rights and related security and ancillary documentation across the office, retail, high value residential and public sectors.
Elizabeth has also acted on a wide range of complex and high value contentious commercial issues and has extensive experience of multi-jurisdictional dispute resolution, including litigation, arbitration, adjudication and mediation. Elizabeth has previously acted in relation to disputes encompassing contractual disputes, commercial fraud and breach of fiduciary duty, company, shareholder, partnership and family business disputes and professional negligence claims.
- Advising a large housebuilder concerning land remediation issues and possible breaches of contract with its retained remediation contractor on a multi-million pound residential development site.
- Acting for a Crown Charity in respect of various construction issues and projects relating to the re-development of various sites in its estate portfolio. Work encompassed both contentious and non-contentious advice.
- Acting for a private real estate investment and development company in respect of the sale of four mixed use sites, including dealing with pre-contract enquiries and the delivery of a substantial warranty package (101 warranties in total) procured in favour of the purchaser and its funder.
- Acting for a housing association in respect of a sale and leaseback of a £110 million development site. Work included reviewing and negotiating the form of development agreement together with the proposed forms of building contract, professional appointments and warranty package.
- Acting for a local authority in respect of a multi-million pound beach nourishment /replenishment project. The proposed works and methodology had only previously taken place in the Netherlands. Work included drafting a bespoke form of development agreement as the local authority were taking the procurement lead. The main works contract was to be let under the NEC3 form of contract.
- Acting for a number of ultra high-net-worth and high-net-worth individuals in connection with residential development projects, including a £25 million construction and fit out of a significant new-build country house. Work encompassed procurement advice, contract review and negotiation.
- Advising Grosvenor on the construction documentation for a number of mixed-use developments.
- Acting for an office fund in connection with the construction documentation for a rolling programme of refurbishment of office blocks in London and across the UK.
- Advising in relation to a 250-300,000 square foot data centre project based in the UK.
- Acting for the Claimant housebuilder in multi-million pound TCC proceedings in respect of gas remediation and infrastructure works concerning a 1050 unit housing development site in Hampshire. Persimmon Homes (South Coast) Ltd –v- Hall Aggregates (South Coast) Ltd and Cemex UK Properties Ltd  EWCA Civ 1108
- Advising on a range of extension of time, loss and expense, final account and defective works claims and issues.
Elizabeth’s dispute resolution experience includes:
- Acting for the Defendant in High Court proceedings concerning the termination of a joint venture partnership structured as a limited partnership, the subject of which was a multi-million pound development site in the City of London. CitizenM LND St Paul’s Properties B.V. –v- Chil Limited and Ors  EWCA Civ 771
- Acting for 19 Defendants in a high value LCIA arbitration concerning allegations of unfair prejudice and breaches of fiduciary duty in relation to the management of company assets in this jurisdiction, France, Switzerland and Saudi Arabia.
- Acting for the liquidator of a Manx indirect subsidiary of the collapsed Icelandic bank, Kaupthing hf in multi-jurisdictional High Court proceedings concerning loans and transactions entered into in the lead up to the 2007/8 financial crisis. Claims totalling approximately £500 million to the company’s estate concerned, amongst others, the acquisition of Somerfield Plc (and its subsequent disposal) and Kaupthing’s lending relationship with the Tchenguiz brothers and their corporate structures including alleged breaches of loan documentation, conspiracy, fraud, fiduciary duty and shadow directorship. Together with the day to day conduct of proceedings in this jurisdiction work also included extensive liaison with the liquidator’s Manx lawyers concerning Manx liquidation procedures and their related impact on the proceedings, the preparation of a recognition application under the Cross Border Insolvency Regulations 2006 and negotiating and implementing English and Manx Schemes of Arrangement. Isis Investments Ltd –v- Oscatello Investments Ltd & Ors  EWHC 7 (Ch) Isis Investments Ltd –v- Oscatello Investments & Ors  EWHC 745 (Ch)
- Acting for the Claimant manufacturer of specialist oil rig drilling equipment concerning the establishment of a competing business by its former directors. Claims included breaches of fiduciary duty and restrictive covenant. First Subsea Limited (formerly BSW Limited) –v- Balltec Limited and Ors  EWHC 866 (Ch)
- Acting for the Claimant housebuilder in multi-million pound Technology and Construction Court proceedings in respect of gas remediation and infrastructure works concerning a 1050 unit housing development in Hampshire. Persimmon Homes (South Coast) Ltd –v- Hall Aggregates (South Coast) Ltd and Cemex UK Properties Ltd  EWCA Civ 1108
- Acting for the Claimant in high value High Court professional negligence proceedings concerning the Claimant’s share dilution rights arising out of the acquisition of a then Premiership football club. Fulham Leisure Holdings Ltd –v- Nicholson Graham & Jones  EWCA Civ 84