Eleanor Kilminster acts in all areas of construction law for national house-builders, registered social landlords, private developers, contractors, charitable trusts and police organisations.
She works closely with our social housing, property, and development lawyers and specialises in both large-scale developments and dispute management. She regularly deals with building contracts, development agreements, consultant appointments, partnering agreements, framework agreements, collateral warranties, bonds and guarantees, as well as disputes in the Technology and Construction Court and adjudications. She is also experienced in various forms of alternative dispute resolution including mediation.
Recent non-contentious experience
- advising on and negotiating amendments to a JCT design and build contract between a Registered Provider and Mansell Construction Services Limited relating to the development of a £70m project for social housing and other properties in West London
- advising a Registered Provider on the construction aspects of the latest phase of its mixed-use development with Countryside Properties at Grahame Park
- advising Barratt Homes in connection with its construction management role relating to the £100m redevelopment of a site in London E1
- advising an employer on construction issues arising from inter-group land transfers including the requirement for assignments and novations of construction contracts, warranties and security documentation
- advising an Academy on pre-construction arrangements and the subsequent negotiation of a building contract, consultant appointments and security documentation related to the design and construction of the new school
- advising a local authority on works contracts for the design and construction of social housing following the receipt of funding under the HCA Kickstart scheme
Recent contentious experience
- advising a Registered Provider on the proposed termination of a repair and maintenance contract with Connaught Partnerships Limited in the period leading up to its insolvency. Subsequently advising on the implications of the insolvency
- representing a police organisation in relation to a claim in the Technology and Construction Court for negligence against oil companies following the destruction of the organisation’s property during a large explosion at an oil storage depot
- advising a Registered Provider (as employer under a design and build contract) in relation to its right to terminate for poor performance as well as defective payment/withholding notices issued by the Employer’s Agent, which resulted in a pre-emptive adjudication requesting valuation of the works in order to avoid making a further payment to the Contractor
- representing a Registered Provider in connection on a £2m claim against a contractor in the Technology and Construction Court alleging negligent design and workmanship of a development which resulted in significant damage
- representing a Roman Catholic diocese in relation to a claim by a main contractor in arbitration for and extension of time and loss and expense following significant delays to works under a design and build contract
News from Winckworth Sherwood
News from The Lawyer
Briefings from Winckworth Sherwood
This decision represents a welcome return to the ‘pay for what you use’ principle and strikes a fairer balance between different creditor and expense groups.
Winckworth Sherwood has provided a summary of the Trusts (Capital and Income) Act 2013.