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About Robert Fenwick Elliott
Construction and energy lawyer now practising as a barrister
I am Robert Fenwick Elliott, a construction and energy lawyer now practising as a barrister. I now live near Adelaide, South Australia, but since November 2014 I have been an International Member of Keating Chambers in London.
One of the most experienced construction and energy lawyers in the common law world, I was the founder of Fenwick Elliott LLP in London in 1980 and senior partner of that firm for 22 years. Having moved to Australia in a failed attempt to retire, I was a founding partner at Fenwick Elliott Grace in Adelaide until 2013, when I went to the independent bar.
I am presently admitted in South Australia, New South Wales, the Federal Court of Australia.
I have been involved – typically as lead lawyer – in the resolution of many disputes involving in aggregate many hundreds of millions of dollars. Most of these have been in the field of construction or engineering disputes.
The projects have involved the construction of mining facilities, process plants, power stations, pipe lines and pumping stations, marine terminals, ships, FPSOs, harbours, dams, reservoirs, hospitals, factories, office buildings, shopping malls, hotels, housing developments, libraries, sports facilities, roads, rail, bridges, tunnels, security facilities and other types of structures. They have involved work in many jurisdictions, including Argentina, Brazil, Christmas Island, Egypt, England, Fiji, Hong Kong, India, Iran, Iraq, Jersey, Kenya, Lebanon, Libya, Malta, New South Wales, Queensland, Pakistan, Russia, Scotland, South Africa, South Australia, Spain, Syria, Ukraine, USA, Victoria, Wales, West Indies and Western Australia.
I was accredited a mediator by CEDR many years ago and by the Institute of Arbitrators and Mediators Australia in 2006. I was accredited as an adjudicator many years ago by TeCSA, CIC, CIoB and more recently the government of the Northern Territory. As such, I have successfully mediated or adjudicated many disputes in several jurisdictions.
A member of the DRBF, I presently chair the Dispute Avoidance Board for the substantial Sydney Light Rail project.
Articles on Designing Buildings Wiki by Robert Fenwick Elliott include:
- Pendulum arbitration. January 2016.
- Pay now argue later. January 2016.
- 2015 appointments to the Irish Construction Contracts Adjudication Panel. January 2016.
- The distinction between liquidated damages clauses and penalty clauses. November 2015.
- Privy Council in NH International (Caribbean) Limited v National Insurance Property Development Company Limited (Trinidad and Tobago). September 2015.
- Aspect Contracts (Asbestos) v Higgins Construction 2015. August 2015
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Design and testing for health and wellbeing - free download from BRE.
Retention in construction contracts.
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