Peter Jansen

Contentious work

• Together with colleagues, advising and representing a local authority housing team on a £16m dispute with a contractor over the design and installation of windows for several residential tower blocks under a design and build form of contract. The dispute has involved an adjudication, an action in the TCC and a mediation.
• Settled a dispute by mediation over defects in an agricultural irrigation scheme and anaerobic digestion plant in Lincolnshire.
• Advising several local authorities on contractual disputes with waste management contractors.
• Advising a local authority housing management team on contractual disputes with its PFI contractor and the maintenance services provider for the scheme.
• Represented a London social housing provider in a dispute with a maintenance contractor arising from numerous performance failures on multiple sites around Greater London.
• Settled disputes between an NHS Trust and a project company over repeated performance failures by a maintenance contractor during the operational phase of a PFI hospital scheme.
• Recovered damages for an institutional investor under collateral warranties related to claims for the defective design and construction of the piles, foundations and  floor slab of a large factory building in Thurrock, East London.
• Conducting adjudications arising from construction disputes related to social housing and other residential schemes, commercial developments, renewable energy projects, local authority maintenance contracts and civil engineering schemes.
• Successfully represented a consulting engineer in an investigation by the health and safety executive into a fatal accident at a Ministry of Defence construction site.
• Represented the main contractor in a five-party mediation over three days involving a major design fault in the construction of a new university campus.
• Successfully represented a hotel owner in an LCIA arbitration involving claims for additional payment and defective work related to a resort development in the Caribbean, and in the subsequent appeal against the award.
• Acted for the supplier and designer of a food manufacturing facility in a claim for damages around the defective design and installation of the mechanical plant.
• Advising joint venture of contractors on linked disputes over the withholding of final acceptance certificates on 8 solar farms at different locations in the UK.
• Responding to an adjudication referral on behalf of one of two joint employers in relation to a loss and expense claim brought by the contractor on a commercial development scheme in Liverpool.

Procurement:

• Advising Newmarket Town Council on arrangements for the sharing of services with two neighbouring district councils and on issues arising out of a tender for the provision of engineering and maintenance services.
• Advising on tender documentation and post tender reviews on behalf of DFID for the procurement of shipbuilding and infrastructure services to provide a ro-ro ferry service between Port Bell and Mwanza on Lake Victoria, Africa.
• Advising the Trading Standards Institute on a potential procurement challenge related to the procurement of call vetting services and arrangements for the scoring of tenders.
• Advising a Belgian telecoms provider on its bid to provide telephony services to the House of Lords and acting for it in the challenge brought by a rival bidder on the tender.

• Acted for a party to a procurement challenge in the TCC involving breaches of the Public Contracts Regulations 2015 concerning the award of a contract for the disposal of nuclear waste.

Transactional/advisory work

• Advising a London Borough on its PFI contract for the provision and maintenance of 8 schools in preparation for the imminent expiry of the contract. Reviewing and reporting on the risks arising under the contract in the handback of assets from the project company to the authority and advising on steps to manage those risks.
• Together with commercial and real estate colleagues advising a local education authority on and drafting a deed of variation to a PFI project agreement (for an existing secondary school) to enable the construction of a new secondary school on a site carved out from the land under the PFI scheme.

• Advised on and negotiated contract documentation for student accommodation schemes in London, Plymouth Newcastle, Liverpool and Reading.
• Advising on and drafting documentation related to PFI schemes, including the MOD Main Building, Whitehall; hospitals at Woolwich Coventry Dudley Newcastle Derby; schools in Newham and Redbridge; fire stations for Suffolk County Council Fire and Rescue Service.
• Assisted the owners and developers of a specialist private hospital in West London to develop a suite of contracts based on NEC 3 with a view to addressing specific legal and commercial issues affecting the project.
• Advising asset managers and developers on, drafting and negotiating development and construction contracts based on the JCT Design & Build form, consultant appointments, collateral warranties, performance bonds and guarantees for commercial and mixed-use schemes throughout the UK including retail, offices, hotels and housing.
• Advised on transport infrastructure schemes in London and on projects to improve and modernise ticketing on London’s transport, and to extend the congestion charge zone. Drafting agreements for the funding of a transport interchange scheme, and for the construction of road bridges over existing railway lines.
• Acted for public authorities, contractors, concession companies and lenders on several PFI schemes in the UK, including Hospitals, light rail projects, schools, leisure centres, government buildings, and housing, advising on and negotiating project agreements, construction and FM agreements, and direct agreements with lenders. Advising project companies and lenders on variations to PFI schemes.
• Acted for a joint venture contractor in negotiating an EPC contract guarantee documentation, and subcontracts for the design and construction of an LNG unloading facility and regasification plant at Dabhol India.
• Advised the Hong Kong Trade Development Council on drafting contract documentation for the development design and construction of the Hong Kong Convention and Exhibition Centre.