Kelly Meijers | Fieldfisher
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Professional background

Professional background

I am experienced in both contentious and non-contentious construction law. I have advised and represented a wide range of contracting parties including employers, contractors, sub-contractors and consultants across multiple industries including energy, infrastructure, mining and building.
 
I advise clients on matters including:

  • Resolution of construction-related disputes via adjudication, arbitration, mediation and litigation.
  • Contract negotiation, drafting and review of all construction-related documentation including FIDIC, NEC, bespoke contracts, subcontracts (including back-to-back with principal agreement).
  • Contractual and commercial advice and legal opinions on construction projects and contracts.
  • On-site contract administration and claims management, including claim formulation and motivation and defending claims. 

Examples of my experience include:

  • Representing and advising a major civil subcontractor in arbitration proceedings against a Chinese wind power contractor under a bespoke civil balance of plant subcontract on a wind farm project. The dispute concerned the imposition of liquidated damages.
  • Represented and advised a joint venture in multiple adjudication proceedings against a subcontractor under a NEC3 subcontract on a multi-product pipeline project. These disputes included the validity of the termination of the subcontract, the calculation of the final account and rejected compensation events.
  • Represented and advised a global engineering company in adjudication proceedings against a global mining company under a NEC3 professional services agreement. The dispute concerned damages for defective design.
  • Reviewed a supply of engineering, materials, equipment and fabrication contract for a joint venture involved in the Mozambique LNG project. Opined on multiple issues that arose on the project including implications of terrorist groups in the project location and delays due to Covid 19.
  • Reviewed a construction of civil works contract for a multinational mining house’s expansion project on a refinery in Namibia. The contract was based on the FIDIC Red Book conditions. 
  • On site commercial advisor to a joint venture executing the civil works at Kusile Power Station under the FIDIC Yellow Book. My role included claims formulation and management and contractual negotiations with various stakeholders.

Authored pieces

All Resources
A close-up digital rendering of a bright neon arrow navigating through a blue labyrinth towards the center. The arrow and maze are outlined in glowing light, creating a vibrant contrast against the dark background.
Insight

Without prejudice communications render Adjudicator's decision unenforceable

06.10.2023
AZ v BY [2023] EWHC 2388 (TCC)A TCC decision that decides an Adjudicator's decision is unenforceable always sparks our interest, particularly when the reason for such decision is a breach of natural justice. On this occasion, the TCC deciding that an adjudicator had breached the rules of natural justice, by reason of apparent bias, for having been presented with without prejudice material by one of the parties to the dispute.
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A low-angle view of modern office buildings with reflective glass and metal facades, rising towards a bright sky. The sun is shining brightly, creating lens flare effects on the buildings. The architectural structures are sleek and contemporary.
Insight

Bexheat Limited v Essex Services Group Limited [2022] EWHC 936 (TCC)

11.05.2022
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