Prof. Nicholas Gould, Partner, Fenwick Elliott LLP Visiting Professor, King's College London, was the featured speaker at the recent Learned Event in April.
Nicholas is a partner in the specialist construction, engineering and energy lawyers Fenwick Elliott LLP, where he conducts a mix of international dispute resolution and non-contentious work. He is a solicitor-advocate, chartered surveyor, accredited adjudicator and CEDR Chambers lead mediator. He acts for contractors, employers and governments in the building, construction, engineering, infrastructure, transport, energy, oil and gas, and process engineering sectors.
Dispute resolution experience spans litigation, arbitration (domestic and international), adjudication, DAB/DRB, mediation, early neutral evaluation and expert determination. He regularly acts as lead mediator in multi-party multi million disputes. Nicholas is a certified adjudicator and sits on international dispute boards and as arbitrator.
Chamber & Partners 2011 notes Nicholas for his "ability to preempt potential problems and provide advice in a clear manner that maintains the individual needs of clients". Legal 500, 2011 edition list Nicholas as a leading figure for Construction and Mediation who is "extremely knowledgeable and listens carefully to his clients".
The IBA's 2008 & 2013 edition of International Who's Who of Business Lawyers Today, listed Nicholas as one of the "ten most highly regarded individuals internationally for construction law" and the IBA's Who's Who Legal 2015 listed Nicholas in the top five in Europe.
Nicholas is a Vice President of the ICC's Arbitration Commission and Visiting Professor at King's College London. He is past Chairman of the Society of Construction Law, Adjudication Society and the DRBF (Region 2). He sits on the CIArb Policy Sub Committee. He has published widely in the area of construction law and dispute resolution, and speaks regularly on construction law and dispute resolution.
Nicholas is lead author of the report "Mediating Construction Disputes: An Evaluation of Existing Practice" published in February 2010, it received a finalists CEDR Award for Excellence in 2010.
During his presentation he used his experience and knowledge to discuss the legal and practical aspects of setting up and managing a FIDIC contract as the engineer or employer's representative. Consideration was given to the key contract data, instructions, variations, extensions of time, financial claims, determinations and clause 20 claims as well as avoiding disputes.
The meaning and structure of the key clauses of the FIDIC form were also considered, against the realities of an on-going construction project and practical tips were provided. The focus was from the perspective of the engineer acting on behalf of the employer.
Download slides from presentation
Download FIDIC paper