Nicholas Higgs

Nicholas is instructed by employers, contractors and consultants in the construction and engineering sectors on disputes ranging from payment claims to multi-million-pound defects cases, including numerous adjudications. His practice incorporates County Court and High Court work as both sole and junior counsel. His experience includes:

• Junior counsel to Adam Robb KC in a claim concerning fire-related defects in the construction of an office building in the City of London. The client seeks recovery of approximately £20m for the necessary remedial works.
• Junior counsel to Sean Brannigan KC in TCC proceedings seeking £50m for the repair of structural defects in the Royal Liverpool University Hospital.
• Instructed as junior counsel (to Adam Robb KC and Sean Brannigan KC) by the claimant trust in Northumbria Healthcare v Lendlease in a £140m claim concerning fire protection and construction defects.
• Instructed as junior counsel (to Marion Smith KC) in the TCC proceedings Standard Life Investments v (1) Buro Four Project Services (2) Gleeds UK (3) Shearer Property Association (4) Building Design Services on behalf of Buro Four in a claim concerning professional services for a shopping centre in Reading.
• Junior counsel to Calum Lamont KC in a £34m TCC claim on behalf of a pension fund concerning fire-related cladding and construction defects in a student accommodation block.
• Retained by CERN to provide contract drafting and dispute resolution advice in respect of the building and infrastructure works at the CERN site in Switzerland and France, in particular in relation to FIDIC-based contracts.
• Instructed by the defendant contractor in three day trial in the London County Court in a claim concerning building works at a high-end property in Hampton Wick.
• Instructed in a number of cases by homeowners in proceedings against various contractors responsible for new-build architect-designed homes in claims for defective construction, ranging from £0.5m to £1m.
• Instructed in a technically complex claim concerning the failure during construction of the roof of a cricket pavilion.  TCC proceedings on behalf of the client sought £1.2m from the designer and contractor.
• Instructed by an NHS Trust to defend proceedings issued following damage to a Thames Water sewer during piling for a new hospital building in central London.
• Junior counsel (to Richard Wilmont-Smith KC) in a series of adjudications on behalf of the contractor both defending and prosecuting multi-million pound claims concerning the redevelopment of a food manufacturing facility in North West England.
• Junior counsel (to Alexander Nissen KC) in the defence of a TCC claim for £5m brought by a fit-out contractor against the owner-developer in respect of a luxury hotel in Stratford.
• Instructed by a maintenance provider to advise concerning close-out of long-term maintenance contracts for social housing in Liverpool.
• Instructed to advise homeowners in potential claims against developers and warranty providers concerning defective construction.
• Instructed on behalf of ProjectCo in an adjudication on a PFI project concerning construction defects and maintenance failures in a local-authority leisure centre in South London.
• Instructed by a defendant engineer in an adjudication concerning allegations of professional negligence in the construction of a new outdoor cycle track.
• Instructed by a major UK hotel chain in claims concerning fire-related defects in cladding to hotel properties.
• Instructed as sole counsel in a five-day TCC trial regarding defective piling.

Nicholas has a growing practice in international arbitration where he has been instructed as junior counsel and as tribunal secretary.

• Instructed as junior counsel (to Lynne McCafferty KC) in a DIFC-LCIA arbitration on behalf of the defendant oil and gas company concerning a $50m claim relating to a dredging contract in Iraq.
• Part of large team of counsel (led by Adam Robb KC) pursuing a $1bn claim in ADCCAC arbitration on behalf of the claimant contractor in relation to a large UAE transportation infrastructure project. Nicholas particularly focussed on the geotechnical aspects of the claim.
• Junior counsel (to Marion Smith KC) in a $20m ICC arbitration on behalf of the claimant contractor in a claim relating to a desalination facility in the Middle East.
• Tribunal secretary on an LCIA arbitration concerning claims related to the construction of an offshore gas delivery platform.