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Richard leads the multi-disciplinary Construction Team at Goodman Derrick LLP, providing specialist advice to contractors, subcontractors, property owners, developers, consultants and project stakeholders.
Richard is well known for his deep knowledge of the sector and his clients, his pragmatism, and his strategic ability on complex issues.
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.
Domestic and international construction disputes
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.
What the directories say
Richard’s construction team at Goodman Derrick LLP are recommended in both Chambers & Partners and Legal 500 for their contentious and non-contentious construction law service.
The 2020 edition of Legal 500 has singled the team out for particular praise:
"Goodman Derrick has a finely tuned practice covering all aspects of the legal market and, to my mind, are outstanding in the construction non-contentious marketplace. They are easy to approach and always a pleasure to deal with and have the in-depth knowledge of the law and business practices needed to fully serve their clientele."
"Richard Bailey is an outstanding tactician and strategist and has the tact and diplomatic skills needed to provide outstanding service to their clients. He is a real pleasure to work with and is peerless in giving sound advice – his knowledge of the legal nuances in his practice areas is at the highest levels."
Memberships and leadership positions
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 was a council member of the SCL from 2008 to 2019.
He is committed to the development of construction law across the globe and 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, and an active member and networker within the International Bar Association.
He is a member of Goodman Derrick’s Management Committee.
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.
- Grandlane Developments v Skymist and Skymist v Grandlane Developments – Adjudication enforcement and Pre-Action Disclosure and litigation privilege.
- Everwarm Limited v BN Rendering Limited
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.