Performance bonds are an important feature of construction projects and are often used for tactical purposes, particularly where market conditions are challenging. Lynne McCafferty QC and Sanjay Patel from 4 Pump Court, London consider recent case-law on performance bonds in the common law jurisdictions. They examine what employers have to do to make successful calls on these bonds, and the circumstances in which contractors can challenge them.

Webinar participants will be able to watch and listen to (via computer audio, recommended for security reasons, or telephone line) the video presentation and Q&A discussion on their screens, as well as participate in the Q&A discussion by sending in your questions to the moderator via text using the built-in Q&A function.

Lynne McCafferty QC of 4 Pump Court is a leading commercial silk at the English Bar specialising in construction & engineering, energy, international arbitration, professional negligence, and technology & telecoms law.
Lynne is highly ranked in the legal directories, where she has recently been described as “a top-quality silk”, “a fiercely intelligent and competitive advo cate”, and “a first rate lawyer and an outstanding performer in court”.
Her practice includes huge infrastructure projects, multi-million pound commercial developments, high-profile PFI projects, oil and gas processing plants and pipelines, and onshore wind farms. Recent cases have included the Louvre Museum Abu Dhabi, the Royal Liverpool University Hospital, and a major extension to a rail and metro network. She has particular experience of large-scale disputes arising out of IT contracts, including major business systems, government contracts, and bespoke software projects.
Lynne has extensive advocacy experience in international arbitrations, in the Technology & Construction Court (TCC) in London, and in adjudication proceedings. She has acted on cases under a wide range of arbitration rules including ICC, ICSID, LMAA, LCIA, DIFC, and DIAC. She is a TECBAR-accredited adjudicator, has acted as arbitrator, and is registered as an advocate with the Dubai International Financial Centre (DIFC).

 

Sanjay Patel is a commercial barrister at 4 Pump Court, London and has a wide-ranging commercial practice with particular specialisms in construction, energy and banking law. Sanjay is a leading junior who is popular for large scale construction projects both in the UK and internationally . Recently, Sanjay’s practice has focused on high value disputes concerning transport, power and waste projects. Sanjay is ranked as a leading junior in the Legal 500 where he has been described as “infectiously enthusiastic, and excellent at getting down into the details of a case." Sanjay also has a varied banking practice which has included cases concerning project finance, demand guarantees and complex derivatives. In a case particularly relevant to the talk for SCL, Sanjay appeared for an insurer in the first case concerning demand guarantees before the Qatar International Court (Leonardo v Doha Bank Assurance Company), which addressed whether the Singaporean “unconscionability” defence to bond calls should apply in that jurisdiction.

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