To contact or appoint Nicholas Gould, call CEDR on +44 (0)207 536 6060 or email firstname.lastname@example.org
Nicholas has acted as a lead mediator since 1998 conducting a substantial number of mediations including complex high value multi party technical mediations. He also advises parties in respect of disputes and acts as project mediator, early neutral evaluator, statutory and contractual adjudicator as well as international arbitrator and dispute board member. Examples of experience include:
Banking & Finance
- A claim against a bondsman (Technical & General) and their ensuing insolvency.
- Issues arising under guarantees and a loan agreement in respect of insolvency of a developer in relation to an incomplete building with deep excavations (concerning a bank and insolvency practitioner).
- Call on a bond in respect of a defective bridge.
- Mediating a dispute in respect of the manufacture of stainless steel components.
- Mediating an international air freight dispute (time limited mediation).
- Conducting a Central London County Court time limited mediation in respect of a commercial purchase agreement.
- Mediating a contractual dispute regarding the extent of consultancy services.
Construction & Engineering
- Mediating a dispute in respect of liability and quantum for the costs of substantial flood damage to a property. Dealing with the CCFA implications of the settlement. Multi-party dispute between insurers of the property owners (subrogated claim), the contractor, mechanical subcontractor, the supplier and manufacturer (again with insurers).
- Acting as the mediator for a multiparty specialist contractor, supplier and manufacturer dispute in respect of a manufacturing defect with valves in the fan coil units of an HVAC system. The dispute concerned the liability for and cost of replacing the valves after the ceilings had been installed, re-balancing the system and the associated delay and disruption.
- Mediator in respect of a dispute in relation to an extension of time and payment claim under an amended JCT contract.
- Mediating a dispute between a contractor and subcontractor in respect of delay, payment, variations, prolongation and disruption costs, together with interest under the “Blue Form” of contract.
- Mediating a valuation dispute between a contractor and subcontractor in relation to interim payments under an amended CECA contract.
- A dispute in respect of a final account, with extension of time and claims, and cross claims for liquidated damages and substantial defects to a city centre redevelopment (5 parties).
- Mediator for a five party construction defects dispute involving insurance issues, arising from the substantial flooding of a city bank and computer server centre.
- Mediator for a substantial multi-party construction dispute concerning defects, delays and money claims in respect of the redevelopment of a town centre. The high value claim was settled over a two day mediation resulting in two separate settlement agreements resolving all interrelated and inter party issues.
- Mediator in respect of a specialist metal work and atrium glazing dispute.
- Mediator in respect of a substantial value five party dispute for damages and financial loss arising from water damage caused by bursting pipes at commercial premises during construction work.
- Mediating a dispute in respect of the termination of a design and build conversion project, the final account and cross claims.
- Mediating a dispute concerning the quality of tarmac, and financial claims.
- Dispute concerning delay, disruption, loss and expense in respect of a mechanical and electrical installation (to a performance specification) at a PFI hospital project.
- A quantum meruit claim for work done by a developer/management contractor at the request of the purchaser of the land.
- Mediating a claim between an owner and a contractor for work carried out at a supermarket development under a bespoke contract.
- Claim regarding quality and quantity of alleged defective roof slates to a major residential development under a DOM form of contract.
- Mediating a defects claim in respect of a new residential apartment between home owner and national house builder.
- Mediating a variations, loss and expense, overheads and profit claim under a term maintenance facilities management agreement, including issues of termination and repudiation.
- Mediating an architect’s fee (RIBA form with dispute about incorporation and amendment) claim in respect of a substantial mixed use development.
- Roads, Bridges and Tunnels
- A multi-party claim for design and workmanship in respect of a defective mechanical bridge.
- Claims for extension of time, disruption variation, loss and expense and road widening and upgrading works project.
- Delay in money claims in respect of a motorway traffic control and communications system project.
- Sport Stadia, Leisure and Entertainment
- Claims in respect of a water theme park and hotel for defective pools and flumes.
- Financial claims arising from a defective chilled ceiling at a city centre headquarter for one of the world’s largest entertainment companies.
- Claims for defects, time and money in respect of a 4D cinema and the London Eye.
- Termination of contracts together with damages claims in relation to a Sea-life centre.
- Contractual issues and indemnities in respect of a roller coaster ride manufactured in the USA and installed in Europe.
- Advice on substantial claims for delays under a construction management contract for a hotel (reported as Great Eastern Hotel Co Limited v John Laing Construction Limited (2005) EWH C 181 TCC).
- Dispute involving a specialist contractor and an Aparthotel in London, with enforcement proceedings in Europe under the New York convention 1958.
Energy & Natural Resources
- Acting for a joint venture contractor in respect of a substantial off shore wind farm under an amended FIDIC 1999 Yellow Book. Providing advice in respect of design obligations, extensions of time, disruption, money claims and dispute resolution procedures.
- Dispute concerning one of the world’s largest power station contractors in respect of a substantial extension of time and prolongations claim under EPC contract.
- Claims in respect of a Joint Venture Agreement and EPC Turnkey Agreement for an oil fired steam powered plant and deceleration plant. Bespoke dispute resolution procedures and ICC arbitration.
- A force majeure claim under a bespoke EPC FIDIC based contract for a combined cycle power plant. ICC dispute resolution procedures.
- Money and time claims in relation to an IWPP Project in Saudi Arabia. EPC Contract with ICC dispute resolution procedures.
- Oil and Gas
- Claims for project delays and cost overruns for the upgrading of a tank farm, new pipework installation and pumping systems.
- Claims relating to defective welding and pipework.
- A bio diesel process plant in the UK with European contractors (NEC Option F, FIDIC EPC/Turnkey “Silver Book”, security documents and letters of credit).
- A dispute between the Caribbean Government and a Canadian contractor for delays and money claims in relation to a waste management plant. FIDIC Orange book with dispute adjudication board and ICC procedures.
- Claims in relation to a desalination plant (multi stage flash plant) under an EPC contract in Kuwait with ICC dispute resolution procedures.
- Claims in relation to a PTE process engineering plant constructed in Indonesia under an EPC Contract and separate Concession Agreement, with UNCITRAL dispute resolution procedures in Singapore.
- Resolving a dispute in relation to the contribution of three insurers (property, public liability, specified perils and contractor’s all risk CAR insurance) in respect of a five party action as a result of flooding during construction works.
- Contribution between two insurers in respect of the collapse of part of a building.
- Mediating at a multi-party dispute involving an insurer under a public liability policy (contractor in liquidation) and the property insurers after rectification works were completed.
- A dispute in relation to the scope of a contractor’s all risk (CAR) insurance policy as a result of fire damage to part of a building, and liability issues between the building, the tenant and the landlord (and their insurers).
- A dispute concerning an employer/owner’s liability and damages for failure to take out insurance for refurbishment works under a JCT standard form contract (option C applying) in circumstances where a fire destroyed much of the building.
- A defects dispute between a householder and an insurer.
- A dispute concerning construction and property and the scope of future insurance arrangements.
- Landlord & Tenant
- Mediating a dispute involving lease covenants, termination of lease (timing and adequacy of notices) and damages.
- Mediating a dispute between a landlord and tenant in respect of a dilapidations claim.
- Mediating a property and dilapidations dispute between a commercial landlord and tenant.
- Mediating a property, lease termination and schedule of defects dispute.
- Neighbour, Court Scheme and Community
- Mediating neighbour disputes including issues of noise, interference with property and anti-social behaviour.
- Working in the pro bono neighbourhood mediation scheme (Mediation UK) in Oldham.
- Mediating 3 hour time limited disputes in the Central London County Court.
- Property, Land and Boundary Disputes
- Mediating a multi-party dispute between an adjoining tenant, owner and contractor (in liquidation) and two insurers. Claims arose under the Party Wall Agreement, in negligence and nuisance (and an indemnity) for general and special damages including repair works, loss of enjoyment, loss of earnings and loss of rental income.
- A dispute involving the payments to be made or recuperated as a result of works carried out in relation to a Section 106 Agreement.
- Claims relating to damages in relation to the termination of a Development Agreement.
- Mediating a rights of light dispute.
- Mediating a boundary dispute between adjoining owners, and resolving the dispute, including guiding the parties to the production of a detailed drawing setting out the agreed boundaries.
- A dispute concerning Party Wall Agreements under the Party Wall etc Act, as well as nuisance and negligence.
- Mediating a property related dispute of approximately £1.2 million arising from the removal of “fixtures and fittings” at a chemical processing and engineering plant.
- Mediator for a defects and property dispute with a claim value of around £500,000.
- Mediator for a property dispute between a property investment company and the tenant (a substantial charity) involving a schedule of dilapidations.
- Mediating a payment claim in relation to property and the extent of a developer’s obligations, and damages.
- Mediating party wall and nuisance claims arising for general and special damages (loss of enjoyment) in respect of a party wall dispute (time limited mediation).
- Mediating a claim between property owners, a contractor and a telecommunications company for repairs to damaged fibre optic and standard cables including property and telecoms legislation issues.
Partnership & Shareholder
- Mediating a partnership disagreement including the division of property.
- Legal costs claim by solicitor defendant who used another partner at his firm to conduct the defence.
- Valuation claim for professional negligence between owner and valuation surveyor in respect of purchase of a substantial residential property and subsequent renovation of defects.
- Valuation claim in relation to a commercial property and related dilapidations.
- Architect’s negligence in relation to design details, and relationship with workmanship issues.
- Claims relating to the design, contract administration, project management and quantity surveying of the renovation of existing hydro-carbon oil installation and pipework.
- Multi-party claims in respect of the design, engineering, project management and costs of a leisure park ride.
- Claims in relation to soil investigation and geotechnical design.
- Negligence of a civil and structural engineer as part of a multi-party claim in relation to the collapse of a flank wall to an adjoining property during construction work.
- Multi party claim for negligent design of foundations and piling in relation to substantial settlement, structural failure and piling design of a pumping station and an oil refinery.
- Claim relating to architect’s design and contract administration.
- Mediating a professional negligence claim against a Project Manager and a Mechanical and Electrical Consultant concerning design defects and contribution.
- A dispute between a valuation surveyor and an owner for professional negligence in a property valuation.
- A dispute in respect of a new metro system including tunnelling, track, stations, electrification, and systems and communication.
- Claims and termination of EU funded rail renovation project including civil and electrical engineering.
- A dispute concerning an international telecommunications company in relation to signalling, communication and train control systems.
- Troubleshooting for BAA in respect of T5, Heathrow, London.
- Train control systems for upgrading of a tube train system (NEC based).
- Negotiating contracts for rolling stock for an over-ground rail system.
- A disruption claim (measured mile analysis) for works to a metro station.
Other ADR Experience
Adjudicator, DB Member and Arbitrator
- Advising contractors, employers, subcontractors and consultants in more than 100 adjudications.
- Sitting as an international Dispute Board member, including hearings and writing decisions.
- Sitting as sole adjudicator in two party and multi party adjudications.
- Advising on and enforcing DAB decisions.
- Representing contractors and government authorities during DAB proceedings including hearings.
- Sitting as sole arbitrator in an LCIA arbitration in respect of a property claim.
- Sitting as arbitrator in a 3 member tribunal in respect of an ICC arbitration between international contractors in relation to termination of a power plant contract.
- Chairman of the ICC’s International Sub-Committee for Expertise.
Project Mediation and ENE
- Acting as an early neutral evaluator for a mechanical and electrical dispute arising from PFI Hospital.
- Acting as a project mediator for a £35 million hospital development with a GMP contract and bespoke contract mediation procedure. First joint session attended by 47 people representing the right parties to the project mediation agreement.
- Nicholas drafted CEDR’s project mediation procedures, launched in October 2006.
Updated: September 2017