Keystone Law

Louise Garcia

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This content is provided by Louise Garcia.

Practice Areas

Louise is a consultant in the property and construction team. She is a knowledgeable and respected specialist adviser with over 20 years’ experience of contentious construction and engineering disputes acquired in the road and rail sectors, in PFI, on tunnelling and dredging projects, and in the residential, retail, hotel, education, and health and leisure sectors. Louise has particular expertise in working for clients delivering mechanical and electrical engineering services.

Louise advises main contractors and subcontractors, consultants, and employers on all aspects of their construction and engineering needs, from advice on contracts and issues of design and construction, to disputes over payment, performance, and termination. She particularly enjoys advising on complex contract incorporation and interpretation issues, on final and interim account disputes, and on issues relating to delay and disruption, loss, and expense. Her experience includes advising on the usual standard form construction contracts including JCT and NEC, and on PFI and bespoke contracts.

Career

Prior to joining Keystone Law in 2014, Louise worked at the following firms:

- Withy King

- Beachcroft

- Osborne Clarke

- Nabarro Nathanson

Professional Memberships

Fellow of Forum for Built Environment and Great Western Branch Committee member

Member of the Society of Construction Law

Member of the Adjudication Society SW

Member and current Bristol Chair of Interact

Member of Constructing Excellence Southwest

Experience

- Provides contentious advice to leading construction and solutions provider and top tier client Geoffrey Osborne

- Advising on upstream and downstream contractual issues concerning delivery and client obligations on major national and international tunnelling projects including the analysis of complex Z-clause amendments to the NEC3, early warning notices and compensation events

- Successfully defending Costain on the reported decision of Tesco Stores Ltd v Costain Construction Ltd and others, on design, workmanship, and limitation issues following a major retail fire

- Acting for an international contractor on a multi-million pound claim relating to losses sustained on a dredging and reclamation contract for a UK port on issues of design and workmanship, insurance coverage, delay, and disruption

- Advising a national contractor on the termination of a framework housing maintenance project to avoid penalties and contra-charges on termination

- Working with a national contractor on various projects in the rail, road, and housing sectors to avoid and resolve disputes through advice on rights, obligations, and tactics appropriate to the issues and the commercial necessities

- Securing an advantageous settlement for a main contractor of a dispute concerning the scope of works on a significant infrastructure project involving complex questions of contractual interpretation and incorporation of terms and documents

- Advising a contractor in response to allegations of defects in the design and workmanship on a commercial development including defending substantial claims brought against the contractor for diminution in value and loss of profits

- Representing a college on issues concerning works carried out on a project to design and build a new school and sporting facilities, involving claims against numerous defendants and issues of architectural, structural, mechanical and electrical, and general building defects

- Acting for a national M&E contractor on issues concerning a lighting system on a prestigious sustainable commercial development and allegations of defects in the performance of a combined heat and power system, including international issues of subcontractor retention of title

- Working on behalf of a land owner and house developer on adjudications concerning the defective performance of various contractors on a project for 40+ properties

- Advising on an international debt recovery claim for an ‘eco’ company including local law issues and advice to avoid pay-when-paid provisions

- Representing hospital trusts on claims arising from the procurement and delivery of projects including project time and cost overruns, performance of the consultant team, and actions against the contractors for delays in completion and defective performance

- Advising a national hotel group on issues arising on new build and refurbishment projects involving claims made against contractors and consultants

- Representing a national contractor on claims and counterclaims relating to the delivery of works on a PFI project including complex concurrency and quantum issues and securing settlement terms

- Advising the liquidator of a company on the strength of a significant claim brought against the company and providing a report to permit final distribution

- Advising a contractor on step-in rights on insolvency and issues of design warranties on a multi-million pound airport project

- Providing efficient and effective advice in portfolio debt recovery for companies, liquidators, and administrators

- Acting for home owners in claims against developers and building insurers for defects in their properties

- Represented a college on issues concerning works carried out on a project to design and build a new school and sporting facilities