Richard Bailey

Partner

Richard is a partner in the Construction Group of Goodman Derrick LLP. 

Richard is experienced in advising on the amendment of standard form contracts including all forms of JCT, NEC3, ICE as well as EPC, process engineering and PFI Projects.  He has drafted bespoke forms of main contract and subcontracts.

Richard has considerable experience in both domestic and international disputes and specialises in the resolution of construction and engineering disputes through the courts, arbitration, adjudication and all forms of ADR. Richard regularly acts as advocate on behalf of clients.

Richard has a particular expertise in multi-party litigation acting in a number of high-value, multi-party disputes in the Technology and Construction Court, ICC arbitration, adjudication and in mediations. He has considerable experience in adjudications including applications to enforce adjudicators’ decisions and the effect of insolvency on the enforceability of an adjudicator’s decision.

Richard has also been involved in disputes regarding infrastructure projects, light rail, EPC contracts, contaminated land issues, PFI agreements, modular buildings, hospitals, residential developments and sports stadia.

Richard is past Chairman of the Society of Construction Law (2013-2015) Treasurer of the Society of Construction law (2008 to 2013 and 2015 to present), Chairman of the European Society of Construction Law and member of the SCL International.  He has been a council member of the SCL since 2008.  He has assisted in the formation of societies of construction law in Africa, Brazil, India, Romania, Peru and Chile.  He is also a member of TeCSA and King’s College Construction Law Association.

Career highlights

Many of Richard’s cases have involved arbitration and adjudication, which being private processes are confidential.  His reported cases include:-

  • CJP Builders v William Verry - A leading case on natural justice in adjudication.
  • Nigel Witham v Smith & Isaac - A reported case on costs and when to mediate.
  • West Country Renovations v Mr and Mrs McDowell - Case in which the TCC introduced new guidance on the value and types of claims to be heard in the TCC in London.
  • Penten Group v Spartafield – Adjudication enforcement case.

Other activities

Richard regularly write articles for industry journals and gives talks on construction issues, both in house, at seminars and at international conferences in Kuala Lumpur, Sao Paulo, Washington DC, Lima and Milan. He completed the MSc in Construction Law and Arbitration at King’s College London, during which he produced a dissertation exploring the application of natural justice and the Human Rights Act to adjudication.  He now acts as a dissertation supervisor at King’s College and Cambridge University he has also lectured at Cambridge University, King’s College, the University of East London and the University of Westminster.