Carly Thorpe

  • Director
  • Construction & Engineering
Carly Thorpe, Associate, Construction

A specialist in construction and engineering law, Carly advises on both contentious and transactional matters. Carly is skilled at drafting, negotiating and advising upon a range of industry standard form documents and bespoke forms. She has extensive experience of adjudication and litigation, including pre-action case analysis, mediation, and negotiation. Carly is also experienced in pursuing and defending adjudication enforcement claims.

Carly was named a Next Generation Lawyer in Legal 500 2019 and 2020, Rising Star in Legal 500 2021 and 2022 and has been listed as an Associate to Watch in the Chambers Guide to the Legal Profession since 2017. Legal 500 describes Carly as having “an exceptional ability to analyse the options available and find a way through difficult negotiations”. The Chambers Guide to the Legal Profession states that Carly is “very thorough, commercially astute and she delivers excellent service” “extremely well organised and keeps the litigation pointing in one direction”, and “always courteous and efficient with all matters presented to her”.

Carly’s Highlights include:

Adjudication – Carly has extensive experience of adjudication and assists Subcontractor and Main Contractor clients in realising funds from up the supply chain, together with advising Employer and Main Contractor clients on how best to avoid and defend adjudication claims.

Adjudication Enforcement – Carly is experienced in pursuing and defending adjudication enforcement claims. For example Carly successfully acted for a Subcontractor to enforce an Adjudicator’s Decision which was resisted on the grounds of fraud and collusion in the case of: BM Services Inc Limited v Greyline Builders Ltd [2018]EWHC 3884 (TCC)

Anaerobic Digestion – Carly acts for several operators of anaerobic digestion plants across the UK, including drafting and negotiating terms and conditions and supplier agreements, and advising in respect of disputes relating to defects, performance failures, responsibility for maintenance, and delays.

Biomass – Acting for the Operator of a Biomass Facility regarding a dispute with the EPC Contractor in respect of performance guarantee failures, availability failures, defects, and liquidated damages. Drafting and negotiating an EPC Contract for a Biomass Facility on behalf of the Operator.

Commercial and Industrial Development – Carly assists Developer clients in drafting and negotiating the construction documents for a variety of schemes.

Gasification Plants –  Acting for a subcontractor technology supplier on disputes relating to three separate Gasification Plants in England regarding defects, delays, responsibility for obtaining CE Marking, and O&M requirements: Energy Works (Hull) Ltd v MW High Tech Projects UK Limited and Outotec (USA) Inc [2020] EWHC 2537 (TCC).

Insolvency – Securing a successful settlement at mediation for Joint Administrators of an Insolvent Main Contractor with regards to final account claims on two separate projects, relating to variations, disruption and delay. Acting for the Administrators of an Insolvent Developer to put in place trade contracts to enable a part completed £35m student accommodation scheme to be completed and then sold.

Local Authority – Advising a County Council in respect of the construction of a public swimming pool, pursuant to the Scape Framework.

Performance Bonds – In addition to drafting and negotiating on demand bonds and performance guarantee bonds, Carly also advises in respect of disputes with sureties. For example Carly successfully pursued a surety for payment under a performance guarantee bond on behalf of a Developer in the case of: Ziggurat (Claremont Place) LLP v HCC International Insurance Company Plc [2017] EWHC 3286 (TCC)

Residential Development – Acting for a joint venture of a Developer and a Local Authority, drafting and negotiating the construction documents in respect of a mixed use development of industrial, retail and community space including 300 homes and a multi storey car park. Carly also assists residential homeowners with defects claims.

Student Accommodation – Carly’s clients include several student accommodation developers. Carly drafts and negotiated the construction documents for new student accommodation schemes and also advises in respect of disputes on ongoing projects and historic defects in existing schemes such as breaches in building regulations.

Carly Thorpe Signature