• Share
  • Email
  • Print

Nicola J. Ellis

Partner
+44.(0)20.7360.8261
Fax +44.(0)20.7648.9001
Nicola Ellis is partner in the construction and infrastructure practice area and a member of the rail group. She acts for clients on non-contentious matters, including advising on negotiating and drafting construction documentation and the various forms of dispute resolution. Ms. Ellis has extensive experience advising on construction and infrastructure projects, acting for developers, contractors and consultants on numerous standard form contracts (particularly NEC, FIDIC and JCT) and appointments, as well as bespoke forms. Nicola advised the Royal Institute of Chartered Surveyors as part of the drafting committee on the 2019 update to its Standard From Consultants’ Appointment.

She has worked on numerous rail projects around the world including ‘brownfield’ and ‘greenfield’ rail signalling projects in the UK, Qatar and Malaysia. Nicola has extensive experience of NEC3 and 4 and regularly lectures on the subject.

Professional Background

Nicola joined K&L Gates in April 2012. She previously worked within the construction and engineering team at another city law firm, which she joined on qualification in 2006.

Nicola has also been seconded to the legal departments of two global engineering companies, where she worked in-house advising on various non-contentious projects in the areas of rail, highways and transportation and oil and gas.

  • advising a major rail provider in relation to its Transmission Based Train Control (“TBTC”) signalling system contract and advising on a new supplemental agreement to the long-standing high-value contract (c.£750m), drafting a further supplemental agreement and a technical support agreement;
  • advising on, drafting and negotiating a framework contract for the TBTC system for further works to improve system reliability, performance and functionality including drafting call-off contracts based on NEC3 Options C and E;
  • advising a major rail operator on issues and potential disputes relating to programme issues, effects of compensation events and Disallowed Cost arising under a contract for a highly complex and high-value upgrade of the signalling and train service control system
  • advising a major rail operator on contract documents for an Automatic Train Control signaling upgrade contract (c. £760m) using an amended NEC3 Option C. This involved preparing the documents for the invitation to tender, initially based on NEC3 Option A, followed by detailed negotiations and drafting and advising on a related technical support agreement;
  • Advising on the turnkey contract for the design and construction of Line 3 (Circle Line) on its Klang Valley Mass Rapid Transit system in Kuala Lumpur;
  • Advising on the turnkey contract for the design and construction of Line 2 on its Klang Valley Mass Rapid Transit system in Kuala Lumpur, converting an existing arrangement with a project delivery partner into a turnkey arrangement;
  • Advising on the procurement and contracting strategy and on the terms and conditions of the £1.5-2bn signalling and train control contract for the Deep Tube Upgrade Programme (c. £16bn) leading meetings and workshops, drafting contract documents, coordinating review of technical schedules;
  • Advising on a 6 month interim contract and a 2 year contract with an underlying value of at least c. £30m for maintenance and installation services and upgrade works to communication assets and systems including CCTV;
  • Advising on the novation of two major contract packages to a new contractor following a company restructure, reviewing all existing construction documentation and reissuing where applicable;
  • Advising a major rail operator on a modular contract for a 30 year £168m whole-life escalator maintenance and upgrade contract for use on a rail network by a major rail provider. The contract used a bespoke set of overarching terms and various works and maintenance modules based on NEC3 Option A;
  • Advising on a modular contract for a high-value, whole-life lifts project for stations using a modified NEC3 Engineering and Construction Contract Option A and a bespoke form of maintenance contract and other modules;
  • Advising on, drafting and negotiating a bespoke technical support and supply of spares agreement in relation to maintenance of the signaling system on the Jubilee and Northern lines;
  • advising on and preparing the terms and conditions of a Supply Systems and Integration, Rolling Stock and Track maintenance contract for a new metro project using a modified FIDIC Yellow Book and a complete set of contract documents;
  • advising on a framework agreement and call-off conditions for the design, supply, installation and maintenance of elevators and escalators across the network for a new metro project using a modified FIDIC Yellow Book for the call-off conditions;
  • Advising a major rail operator on a framework agreement for installation of signalling equipment and ancillary works at depots;
  • Advising a rail contractor on and drafting templates for supply of goods agreements, supply and installation of goods and equipment agreements, schedule of amendments to JCT Minor Works and Design and Build;
  • Advising a rail contractor on a potential dispute relating to defective fueling and pumping systems;
  • Advising a Norwegian contractor on its tender for a signalling contract with a major UK rail operator.
  • Advising an engineering contractor in relation to numerous contracts for rail maintenance, construction of new rail lines and tramways;
  • Advising a developer on the procurement strategy and full suite of construction documents for a design and build multi use development (based on JCT Design and Build 2016) to create a new commercial and financial centre on the outskirts of London.
  • Advising a developer on issues arising under a JCT Design and Build Contract due to contractor insolvency before practical completion was achieved;
  • Advising a developer on Advising a Turkish contractor on a joint venture agreement and construction provisions in relation to the design and construction of a waste plant;
  • Advising a contractor on a joint venture agreement in relation to a rail signalling contract;
  • Advising a private individual on a high value and high specification residential property, including drafting all construction documentation based on a JCT Management Building Contract;
  • Advising on a subsea cabling project in the UK under a FIDIC Silver Book Turnkey Particular Conditions and drafting associated subcontracts;
  • Advising an EPC contractor on the EPC contract, design and build subcontract and consultancy services contract relating to the design and construction of a battery storage facility and substation;
  • Advising a contractor on its involvement in a joint venture for the design, management, supply, installation, testing and commissioning for control rooms at a nuclear facility.
  • advising a large oil and gas provider on potential claims and disputes in relation to a $3bn EPC contract based on FIDIC to engineer, procure, construct and commission a Liquefied Natural Gas Plant and Associated Facilities;
  • acting for a port authority in an adjudication relating to delay under a salvage contract based on NEC3 Option A;
  • advising a port authority on a dispute relating to defective piling works;
  • advising a UK rail operator on a dispute relating to whether certain works undertaken constituted a compensation event following an adjudication in which the adjudicator found that an instruction to carry out detailed design constituted a compensation event under NEC3 Option C contract.
  • advising on a dispute for a UK rail operator in relation to the power upgrade of eight substations on the underground network
  • acting for a large developer on a dispute relating to defective flooring at a unit within a large retail development;
  • acting for an engineering contractor in relation to a professional negligence claim brought by a utilities company;
  • advising a global engineering contractor in respect of claims for entitlement to payment under variations to a contract relating to the upgrade of an ink processing plant;
  • acting for a large engineering contractor on a dispute relating to damage caused by an overturned chemical reactor;
  • advising an engineering contractor on nuclear decommissioning projects including advising on the Nuclear Decommissioning Authority’s ‘flowdowns’ in relation to Tier 1 and 2 contracts and presenting a seminar to the client;
  • advising a financial institution on various construction documents in respect of large scale fit-out works at its branches and offices using both JCT and NEC forms of contract.
  • advising a developer on the procurement strategy for design and construction of a large multi-use development based on JCT forms, drafting and negotiating all construction documentation.
  • advising on, drafting and negotiating construction documentation in relation to a number of high value and high specification residential properties in London acting on behalf of the employer using JCT and RIBA standard forms;