Nick Kaplan

I am very familiar with all standard forms of construction contract and regularly advise employers, contractors and subcontractors in relation to disputes that arise under them. I also have extensive experience in advising clients in relation to large-scale maintenance and supply contracts, particularly in the social housing sector.

My experience includes payment disputes, delay claims, claims for defective works, claims arising from defective construction materials and associated product liability, Final Account disputes, claims for wrongful termination, construction professional negligence, enforcement of adjudicators’ decisions and recovery of adjudicators’ fees and expenses.

I have also defended SMEs in a number of Health and Safety prosecutions by the HSE, and am familiar with the range of health and safety challenges that those in the construction sector face.

I am particularly experienced in running, and drafting submissions in, construction adjudications ranging from low-value to multi-million pound disputes. I both bring and defend adjudications and am well versed in the particular strategic and legal challenges that the adjudication process gives rise to.  I have both brought and defended a number of challenges to adjudicators’ decisions in the courts, and have advised and acted for adjudicators looking to recover their fees.

As I am licensed to represent parties directly in Court I am, unlike claims consultants, able to act on behalf of SME employers, contractors and subcontractors not only in adjudications themselves, but in any enforcement proceedings that may arise out of such disputes. Further, should you wish to bring proceedings in a forum that allows for recovery of cost (unlike Adjudication where costs are not recoverable), I have considerable experience acting for SMEs in construction litigation and arbitration.