Tom Duncan
Tom Duncan

Tom Duncan

Partner

London

+44 20 7859 3262 | +44 7850 322 013
Tom.Duncan@ashurstperkins.com

Introduction

Tom Duncan advises clients during project delivery and disputes relating to construction and engineering issues in the infrastructure, real estate, and energy sectors, both in UK and internationally.

Tom leads Ashurst Perkins Coie's construction disputes practice in the UK. He advises clients on both construction and engineering law and insurance coverage issues. This includes advising on issues relating to delay and cost overruns, defects, PFI contracts, procurement challenges and claims under security and insurance, including in insolvency situations. Tom is a market leader in claims under the Building Safety Act 2022 and is currently advising clients on a number of high-profile claims in the High Court (TCC) relating to both fire safety and structural defects.

Tom's work often involves an international element, and he is recognized as a leading practitioner in international arbitration having advised clients on disputes arising on projects in South America, the Caribbean, EMEA and Asia Pacific.

Tom is also recognized as a leading international arbitration practitioner in the field of construction disputes in the Legal 500 International Arbitration Powerlist 2020. He is a member of the Society for Construction Law and the Technology & Construction Solicitors Association, and is a regular contributor of articles in the construction press.

  • Barratt Redrow Plc | Partner | In TCC litigation against AECOM (including under the Defective Premises Act) relating to structural defects in a number of high-rise residential buildings.
  • A number of developers and housebuilders / Partner/ Advising on claims against cladding product manufacturers for mis-selling pursuant to s.149 and s.130 of the Building Safety Act
  • A Project Company and its funders | Partner | Pursuing claims for compensation on termination under a PFI contract following the termination of the Derby waste project.
  • A large UK contractor | Partner | Defending claims relating to alleged fire safety defects across a portfolio of student accommodation
  • A windfarm developer / Partner / On issue arising at an offshore windfarm relating to the manufacture and supply of turbine foundations and related insolvency issues.
  • A large UK contractor | Partner | On claims and a restructuring of a PFI hospital projects following a series of adjudications relating to deductions and service failures points.
  • A biomass supplier | Partner | In LCIA arbitration relating to a dispute under a fuel supply agreement..
  • An internation train manufacturer | Partner | In a number of claims under a manufacturing and supply agreement relating to the delivery and performance of a new fleet of intercity trains.
  • A transport authority | Partner | In a substantial adjudication relating to delays and cost overruns to a major road project following the Covid 19 pandemic.
  • A developer of a rail project | Partner | Assisted in relation to a series of claims from contractors in adjudication and arbitration under a NEC contract.

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