• Share
  • Email
  • Print
  • Font Size

Matthew E. Smith

Partner
London
+44.(0).20.7360.8246
Fax +44.(0).20.7648.9001

Primary Practice

Secondary Practices

Education

  • CPE, College of Law, London, 1993
  • B.Sc., University of Bristol, 1991

Admissions

  • Solicitor, England and Wales
  • Biography Overview
  • Additional Background
  • Representative Work
Matthew Smith focuses on advising on UK and international transport, energy and infrastructure projects and disputes. He has acted for owners, contractors and consultants on many different disputes utilising many different forms of dispute resolution including litigation, arbitration, adjudication and mediation. He also has significant experience of insurance matters relating to construction and energy projects and advises owners, contractors and consultants on various forms of insurance.

Matthew regularly advises on procurement strategy and contractual arrangements for major infrastructure projects, particularly those utilising the New Engineering Contract. He is frequently requested to lecture on the subject and holds one day workshops on the use of the NEC.

He also has experience drafting bespoke contracts for owners, consultants and contractors and amending standard forms of contract, including FIDIC, JCT, ICE, IChemE, LOGIC and AIPN and the RIBA appointments, GC Works and the PSC and ACE conditions, to suit particular projects and negotiating contract terms.

Professional Background

Matthew has been a lawyer with the firm since 2000. He qualified as a lawyer in 1995.

Professional/Civic Activities

  • Dispute Board Federation (Corporate Panel Member)
  • FICACIC (Member)
  • Society of Construction Law, (Member)
  • Technology and Construction Solicitors' Association, (Member)
  • Building Regulations Advisory Committee 2001-2003 advising the Deputy Prime Minister on legal issues relating to Building Regulations
  • Qualified Lawyer advocate

Speaking Engagements

Matthew has wide experience of presenting seminars to clients and industry bodies.  Recently he has spoken on "Contractor's Claims for Compensation Events under NEC3, "Understanding the balance of risk under NEC3", "Dispute Resolution under PPP and PFI Contracts" and "Single Project Insurance".

Additional Information

Matthew contributed several chapters to Construction Insurance and UK Construction Contracts (Second Edition), published by Informa in September 2008. He has published articles in journals on a range of matters including construction insurance and health and safety issues.

  • Acting for a major high profile transport undertaking advising on the main construction works tender for a £700m infrastructure upgrade project
  • Preparing amendments to the NEC3 Engineering and Construction Contract and Professional Service Contract standard terms and conditions for 13 Framework Agreements for procuring major projects
  • Advising on standard amendments to the FIDIC Yellow, Red and White Books for a project in Beijing, China, and liaising with local lawyers to amend them to suit local conditions
  • Defending a £37m adjudication in relation to rolling stock performance
  • Advising on main construction contracts forming part of a major £1bn infrastructure project using a modified NEC3 Option C target cost contract
  • Acting for a cement manufacturer in arbitration proceedings against a structural and geotechnical engineer relating to late completion of a cement works in Ewekoro, near Lagos, Nigeria
  • Advising on a £300m project using the NEC3 Engineering and Construction Contract including amendments to the mechanisms for payment and tender procedure
  • Acting for an energy company in relation to claims by contractor for additional payment and damages concerning a project to construct a process plant in Mozambique.
  • Acting for a contractor preparing and negotiating LOGIC contracts for a  €30 million project to supply pipes for an oil pipeline
  • Advising a Joint Venture between two major contractors on various multi-million pound disputes with the employer, the electrical and the mechanical sub-contractors involving both adjudications and proceedings concerning the major refurbishment of a hotel in Paddington, London
  • Advising a contractor on the effect of provisions in onshore and offshore contracts relating to a $1.7bn Gas to Liquid Project in Nigeria
  • Acting for a property company in relation to a series of disputes arising from the construction of a golf resort, hotel and leisure complex;
  • Acting for a joint venture in proceedings against an insolvent firm of mechanical and electrical engineers, and six different insurers. The joint venture sought declarations in relation to the insurers reservation of rights concerning the coverage provided by primary and excess layer insurance policies. 
  • Acting for an international logistics company in proceedings against a main contractor under a warranty concerning late completion and defective works in a warehouse and distribution centre.
  • Acting for an engineer in proceedings by a construction manager relating to late completion of a shopping centre development in Bristol.
  • Acting for an engineer in proceedings in relation to delays to the construction of a motorway service station caused by unforeseen ground conditions.
  • Developing the new integrated project insurance policy in conjunction with the UK Office for Government Commerce and the Strategic Forum for Construction. This is a "no fault" insurance policy for the construction industry which will tested on several pilot projects in the public sector. 
© 2012 K&L Gates LLP. All Rights Reserved.  |