Rachel Gwilliam Partner

Photograph of Rachel Gwilliam

Contact Details

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

Chambers UK 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.

Expertise

Articles by Rachel

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.

Construction Newsletter March 2016

News

Liquidated Damages Clauses – when is a damages clause considered a penalty? Damages for breach of contract should be compensatory, not punitive.

Related Knowledge & Resources

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.

New Pre-Action Protocol for Construction and Engineering Disputes launched

As you may be aware, the new Pre-Action Protocol for Construction and Engineering Disputes comes into force on 9 November 2016.