Rachel Gwilliam Partner

Photograph of Rachel Gwilliam

Contact Details

“Rachel Gwilliam handles both non-contentious and contentious matters and is regarded by sources as "very good across all elements of construction law."”

Chambers and Partners 2019

“Very professional and personable, Rachel Gwilliam  has 'extensive industry knowledge' and is particularly accomplished at handling adjudication work.”

Legal 500 2018
Rachel specialises in construction and engineering matters, dealing with contentious, non-contentious and professional negligence issues.

Main areas of practice

Rachel has particular expertise in the conduct and defence of adjudication proceedings.

Significant experience 

Real Estate

  • Rachel  has been awarded second prize in this year's highly prestigious Hudson Prize for her paper on the thorny issue of recovery of adjudication costs under the Late Payments Act.  Read more here.
  • Severn Power Limited - preparing the bespoke appointment of the Client Engineer and working on the EPC invitation to tender and EPC contract for a new 850MW gas fired power station.
  • Igloo Regeneration Partnership – drafting a bespoke development agreement for the regeneration of 40 acres of derelict former docks land at Roath Basin in Cardiff Bay.
  • Advising on a final account dispute (including claims for an extension of time and payment of associated loss and expense) for Ledwood Mechanical Engineering Limited.
  • Drafting mediation submissions in relation to a multi-party dispute concerning an inverted roof.
  • Advising Norwich Union as to the appointment of engineers and contractors to design and install system of soil nails to correct problems of landslip/subsidence at a residential development in Newport.
  • Successfully resisting the enforcement of an adjudicator’s decision against our client on the grounds that the Adjudicator lacked jurisdiction and had acted in breach of the rules of natural justice.
  • Acting for the Welsh Government Third Party Claims team in the successful defence of an action for nuisance and breach of statutory duty arising from dust caused by cleaning of a viaduct.  Six party claim involving issues of Highways Act 1980, Trunk Road Agencies Agreement, maintenance standards, and issues of indemnity resolved by mediation.
  • Making a successful application for security for costs in an arbitration to defeat a claim brought by a construction company in respect of a defective swimming pool and other defective works to our client’s premises.

“She provides balanced and realistic advice, encouraging negotiated settlement of disputes and taking control of outcomes.”

Chambers UK 2018

Expertise

Rachel’s Blog

New building regulations ban combustible cladding

Partner Rachel Gwilliam explains what the changes to legislation mean for the construction industry.

Articles by Rachel

Mr Philip Freeborn, Mrs Christina Goldie v Mr Daniel Robert De Almeida Marcal (Trading as Dan Marcal Architects) [2019] EWHC 454 (TCC)

Case study

This case offers lessons for all Architects: a failure to record your client's brief clearly and in writing be regarded as a "serious breach of duty", it may expose you to liability if the client's original brief is subsequently not achieved.

Recovering adjudication costs under the Late Payment of Commercial Debts (Interest) Act 1998

Article

Rachel Gwilliam, Partner, explores the possibility of recovering adjudication costs under the Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998).

New editions of the JCT Suite of Contracts to be published in 2016

Article

Rachel Gwilliam, Partner in our Construction teams, summarises the new features and upgrades in JCT contracts.

See all

Speaking Engagements

Society of Construction Law seminar - 1 May
Southampton

We are delighted to invite you to the Society of Construction Law seminar at our Cardiff office on Wednesday 1 May 2019.

Society of Construction Law seminar - March 13
Southampton

We are delighted to invite you to the Society of Construction Law seminar at our Cardiff office on Wednesday 13 March 2019.

Society of Construction Law seminar - 28 Nov
Southampton

We are delighted to invite you to the Society of Construction Law seminar at our Cardiff offices on Wednesday 28 November 2018.

Related Knowledge & Resources

Insolvency Rules...OK?

We look at a Court of Appeal decision that is likely to have far-reaching implications on liquidators who were, naturally attracted to the idea of referring disputes to adjudication as a means of determining monies owed to the insolvent company.

Another contaminated land liability stream for developers to contend with

Developers are geared up to carry out necessary remediation of brownfield sites through the planning process, but what happens if there is historical contamination on land that they have sold to homeowners years before?

Stamp Duty Land Tax 3% surcharge ‘Replacement of only or main residence’ and the three-year rules

The higher rates of SDLT are intended to apply to purchases of additional residential properties, such as second homes and buy to let properties.