Kieran Fano

Solicitor

Kieran qualified as a solicitor in September 2012 and has developed extensive knowledge and experience of construction and engineering projects both domestically and internationally across a range of industry sectors including commercial, education, food, health, hotels, housebuilding, infrastructure, nuclear, pharmaceuticals, oil and gas, renewable energy and residential.

Kieran’s contentious experience includes acting on behalf of employers, consultants, contractors, subcontractors and insurers in proceedings in the High Court, Court of Appeal and Supreme Court of the United Kingdom. Kieran has also developed extensive knowledge and experience of a range of alternative dispute resolution methods including adjudication, arbitration, dispute boards and mediation.

Kieran’s non-contentious experience has been developed in reviewing, drafting and advising in relation to contract documents, tenders and project issues for a variety of clients including employers, funders, insurers, main contractors and specialist sub-contractors. Kieran is familiar with a number of industry standard forms, including FIDIC, JCT and NEC3 forms.

In addition to his professional experience, Kieran recently completed an MSc in Construction Law & Dispute Resolution at King’s College London and received two prizes, namely the King’s College Construction Law Association prize (for best performance in second year examinations), and the Arbitration Club, Phillip Ranner prize (for best examination script in the module for arbitration and dispute resolution). Kieran is also a Member of the Chartered Institute of Arbitrators and has recently passed an Award Writing examination in part fulfilment of his application for Fellowship.

Experience

Recent contentious experience includes:

  • Acting for turnkey contractor in proceedings before the High Court in relation to challenges to New York Convention arbitration award against Nigerian state owned oil and gas company;
  • Acting for turnkey contractor in proceedings before the High Court, Court of Appeal and Supreme Court in relation to enforcement of New York Convention arbitration award against Nigerian state owned oil and gas company;
  • Acting for property developer in multiple adjudications and High Court proceedings concerning enforcement of settlement agreements allegedly procured by fraudulent means and/or in breach of fiduciary duty;
  • Advising investors in relation to contractual and non-contractual claims arising in respect of investment in hotel development in Turkey;
  • Acting for subcontractor in dispute with employer of granite quarry concerning entitlement to extensions of time and additional payment and termination;
  • Acting for subcontractor in dispute with main contractor on renewable fuels project concerning entitlement to additional payment time;
  • Acting for subcontractor in dispute with pharmaceuticals company concerning entitlement to extensions of time and additional payment on project for development of process plant;
  • Acting for subcontractor in dispute with main contractor concerning scope of works, compensation events and delay damages in respect of nuclear decommissioning works;
  • Acting for manufacturer in dispute with supplier of specialist military equipment in relation to non-conformance with specification and/or industry practice and delay damages;
  • Acting for subcontractor in adjudication proceedings with main contractor in relation to final account dispute involving prolongation and disruption claims, variations and contra charges;
  • Acting for main contractor in multiple disputes with high net worth individuals in relation to luxury residential developments principally concerning final account valuations and/or termination;
  • Acting for employer in relation to termination of engineering contract for the development of food production facility;
  • Acting for regional house builder in dispute concerning house building project in Cornwall involving claims of professional negligence and contractual claims against consulting engineers.
  • Acting for subcontractor in TCC proceedings against main contractor in relation to works undertaken for development of the athletes’ accommodation at London 2012 Olympic Games;
  • Acting for subcontractor in relation to claims against oil and gas company arising from unlawful termination of agreement for consultancy services in Iraq;

Recent non-contentious experience includes:

  • Advice and drafting for developers and funders in relation to various contract and construction related issues, including building contracts, subcontracts, consultant appointments, collateral warranties, oversailing agreements, novation agreements, deeds of assignment, bonds and guarantees;
  • Advising and drafting for employer in relation to development of food production facility;
  • Contract review and assisting in the negotiation of contractual documents on behalf of subcontractor for development of aggregate production and transportation facilities;
  • Advising and drafting for contractor in relation to facilities management contract with railway company for 4-year term;
  • Advising and drafting long term facilities management contract for London university;
  • Advising and drafting for subcontractor in relation to subcontract and associated documents for development of London embassy for sovereign;
  • Advising and drafting for subcontractor in relation to large international supply of glass from ‘preferred supplier’ for use in London development;
  • Advising and drafting for subcontractor in relation to framework agreements with suppliers for use on projects requiring particularly large quantities;
  • Advising and drafting for subcontractor in relation to subcontract and associated documents for number of commercial and residential developments on the South Bank, London;
  • Advising and drafting for subcontractor in relation to pre-construction services agreement and associated documents for design and construction of London school;
  • Advising and drafting for subcontractor in relation to high-end residential developments in Marble Arch, London.

Reported cases:

  • IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2017] UKSC 16
  • IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2015] EWCA Civ 1144 and 1145
  • Kitt & Anor v The Laundry Building Ltd & Anor [2014] EWHC 4250 (TCC)
  • IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2014] EWHC 576 (Comm)
  • WSP CEL Ltd v Dalkia Utilities Services Plc [2012] EWHC 2428 (TCC)

Awards

  • King’s College Construction Law Association prize
  • Arbitration Club, Phillip Ranner prize

Memberships

  • Chartered Institute of Arbitrators                                                                            
  • ICC Young Arbitrators Forum     
  • Institute of Chemical Engineers
  • Society of Construction Law       
  • Young Entrepreneurs in Property