Emlyn is Gateley’s national head of the Construction & Surety unit. He deals with the full range of complex construction and surety work. This includes complex bond transactions, bond disputes and the security and recovery claims in addition to high value, complex disputes arising out of all the forms of major standard form construction and engineering contracts as well as professional negligence claims. Emlyn prosecutes litigation, arbitration and adjudication proceedings in conjunction with the strategic use of alternate dispute resolution (mediation, conciliation and expert determination).
As well as acting for all of the UK sureties, Emlyn also acts for main contractors, funders, developers, employers, sub-contractors, brokers and numerous construction bodies and professionals within the construction sector.
How do you help clients?
On the construction dispute front, I help my clients to manage any exposures and strategically leverage their position in order to maximise all recoveries.
On the surety front, I help sureties and brokers to create novel and innovative bond solutions. I also deal with any bond calls which may arise and assist sureties with all recoveries.
- Acting for a national contractor in successfully defeating three sets of adjudication proceedings for extensions of time, loss and expense and subsequently arising out of a settlement agreement brought by a sub-contractor.
- Acting for a developer in High Court proceedings successfully obtaining a multi-million sum from its joint venture partners (backed by insurers) arising out of breach of contract/negligence claim pursuant to a joint venture agreement.
- Acting for a national main contractor against an employer in a number of smash and grab adjudications arising from the employers’ failure to issue payment/pay less notices.
- Acting for a number of leading UK lenders in bringing negligence claims against construction professionals arising out of valuation of properties, certification issues, design issues and/or project management issues.
- Acting for a consortium of sureties in providing a new multi-million pound deferred guarantee bond in the field of private equity and acting on over £2bn worth of pension bond surety transactions over the last eight years.