Richard Ryan

Introduction & Contact details

Prior to joining Hardwicke, Richard was a solicitor advocate with a niche international construction and engineering practice based in London that is part of a Top 15 Global construction consultancy. He gained significant experience in both contentious and non contentious matters that included the Wembley National Stadium, the PPP/PFI London Underground Refurbishment, and the 2012 Olympic Village.

Richard has significant experience with most forms of dispute resolution and seeks to provide the options that best suit the client in terms of complexity, expediency, and cost. Prior to becoming a solicitor advocate, Richard had a career in business management with a top 100 FTSE company. This experience has shaped his commercial approach when providing his clients with useful practical advice.

Outside the law, Richard is a member of the Parachute Regiment Reserve and is training for his next triathlon.

Qualifications

• International Advanced Advocacy Course – Keble College (2011)
  LL.M (2011)
• TECBAR Accredited Adjudicator
• MCIArb (2007)
• BVC (2004)
• LL.M (2004)
• LL.B (Hons) 2003

Professional Associations

• Society of Construction Law
• Chartered Institute of Arbitrators
• TECBAR
• Gray's Inn

DDI:   +44 (0)20 7691 0122
M:      +44 (0)7867 807008
F:       +44 (0)20 7691 1234
E:       richard.ryan@hardwicke.co.uk

Construction

Richard has acted for construction professionals, employers, developers, contractors, and sub-contractors in the UK and internationally in resolving disputes or completing transactional work. Richard has also acted as main client contact draftsman on many transactions with significant negotiating and drafting experience including bespoke and standard form contracts/amendments, collateral warranties, parent company guarantees, legal opinions and bonds. Richard is also experienced in instructing experts in numerous matters.

Recent work

• Legal adviser for £30 million 2012 Olympic Village construction project;
• Legal adviser for multi-million £ international Joint Venture for a PFI hospital in Northern Ireland;
• Acted for a subcontractor in an application for a summary judgment to enforce adjudication decision in relation to unpaid invoices in the Technology and Construction Court;
• Acted for a contractor and organised a five party mediation as a consequence of defective works, which came to a good settlement with Employer;
• Drafted proceedings for injunctions, charges, and committal resulting from disputes under the Party Wall etc Act 1996.

Other significant experience

• Drafted a Supplemental Agreement for a client in relation to a dispute on Final Account and completion of works on the Terminal 5 Heathrow Airport project;
• Provided clients with detailed contract reviews on bespoke contracts, purchase orders, JCT, GC1 / Works, FIDIC Yellow Book and NEC type contracts and provided written reports upon contract liabilities and amendments, as well as assisted in tender negotiations on many different types of projects;
• Assisted in preparing a case for a claim in relation to an $80 million variation on a $860 bespoke contract for a gas and oil installation in Doha, Qatar. This was in relation to non compliant design specification by a third party that consequently meant that the contractor incurred substantial costs in rectification works. The detail behind the design was very complex and the obligations to develop the design within the contract overlapped with others;
• Assisted in an application for a summary judgment to enforce Adjudication decision in the Technology and Construction Court in relation to roadwork’s on the M3 motorway concerning the final account value of £4.2 million.

Secondments:

Seconded to a client at the Wembley National Stadium and acted against the Contractor. This involved daily client contact incorporating the advice from many different professionals and contributing towards a strategy to avoid minimise and/or conduct disputes, of which all three packages were subject to adjudications. Assisted in the drafting of the Notice of Adjudications and Referrals, in what were three complex and lengthy adjudications relating to payment certificates and the mechanism for payment. Also advised upon the terms for settlement of the Final Account.

Seconded to the main contractor responsible for two out of three PPP contracts awarded for £2billion refurbishment of the London Underground. Familiar with an extremely complex PPP/ PFI Contract, Underlying Contracts and standard form and supplier/service contracts with many sub contractors, especially during its Administration and handover to insolvency specialist Ernst & Young:

• Negotiated with many subcontractors on their Final Account and also renegotiation of contract terms in light of parent company going into a £2billion Administration and advising on appropriate methods of ADR;
• Reviewed/ advised on contracts that ranged in value from £500,000 to £10million on a frequent basis to the Commercial Director and Regional Directors for 28 live projects at varying stages of design and refurbishment;
• Drafted amendments to different forms and bespoke contracts and other related documentation;
• Reviewed technical input into contract documentation for consistency with contract terms;
• Attended meetings on and off site as required on behalf of Project Managers, Project Directors, Commercial Directors and the in house claims team;
• Compared amendments agreed with trade contractors, consultants, suppliers etc., with the documents pre-agreed by the client, applying for the necessary approvals, and expediting those approvals;
• Dealt with day to day construction and company related legal issues which may arise including Intellectual Property protection, data protection, governance issues, privacy, internal procedures; and
• Advised on and negotiated agreements/licenses in respect of intellectual property rights and similar issues.

Reported cases

All Metal Roofing v Kamm Properties Ltd [2010] EWHC 2670 (TCC); which is authority that all contract terms must be in writing. (Conducted adjudication and enforcement whilst in practice as a solicitor)

Commercial

Richard has experience of a wide range of commercial cases in the UK and internationally.

Arbitration

Richard has experience of arbitration, mediation and other ADR as ways of resolving disputes. He is a Member of the Chartered Institute of Arbitrators.

Intellectual Property

Richard’s intellectual property work has included providing contractors with design responsibility advice upon protecting their design on numerous projects in the UK and internationally.

Recent Work

• Advised an international client on IP protection of patented design of their products as well as contractual advice relating to the protection of all intellectual property relating to a number of projects in Europe and worldwide.

Insurance

Richard advises on policy coverage and avoidance and has particular experience of construction and engineering project policies. Richard has advised as to notification clauses, excess and limit of indemnity aggregation, various exclusion clauses, and as to material non- disclosure/ misrepresentation and avoidance.

Fire Damage

Richard advises on coverage issues in relation to these and other named perils.

All Risks

Richard is familiar with CAR policy’s and is able to advise as to coverage issues under all risks policies.

Insolvency

Richard has appeared in the Companies Court due to an increase in construction related insolvency work during these financially challenging times. Richard’s experience includes drafting/issuing and defending Statutory Demands, petitioning for Winding Up, joining other Petitions and applications to substitute in Court and dealing with Administrators in Liquidation.

Recent Work

• Acted for a Subcontractor following non payment of a successfully enforced adjudication decision;
• Acted for construction consultancy in dealings with Administrators.