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Michael O'Shea

Partner
Michael O'Shea

I lead our Engineering and Construction team. I advise parties on major construction and engineering contracts including all aspect of dispute avoidance, management and resolution. Basically I keep them out of trouble!

Tel: +44 (0)121 685 2776
Email: michael_o'shea@wragge.com

Services: Dispute Resolution, Construction

Best brains in .....

Getting to the core of a problem, understanding the technical, commercial and legal issues and how these interact, finding a solution and seeing it through to a conclusion.

Highlight of your career so far?

Successfully acting for Alfred McAlpine in relation to its dispute with Panatown which resulted in the landmark decision of the House of Lords concerning privity of contract and issues of "no loss".

Most challenging job you've ever done?

Acting for a contactor in an action where it sought to pass on claims from an Employer to 36 defendants all of which were trying to strike out the claims against them. There were 18 barristers in attendance at the first Case Management Conference.

What about outside the UK?

Advising a specialist contractor in relation to a major arbitration concerning the construction of a new national sports stadium in Ireland. And further afield I dealt with issues concerning the operation of a wind farm off the Norwegian coast.

What's your definition of going the extra mile?

Getting off a plane with my leg in plaster after a pretty unsuccessful skiing holiday and travelling 350 miles on a train to help a client successfully negotiate a settlement on a long term and difficult dispute.

Best example of a creative legal solution?

Creating an expert determination framework for the resolution of a dispute where costs has become so prohibitive that a negotiated settlement was impossible. This was linked to cost recovery on a sliding scale "pain/gain" share basis.

What's been written or said about you that you're most proud of?

"I never want to see a lawyer again but next time we have a problem I will ring you."

Alerts

01.02.13

Construction contracts - key messages from the court in 2012

2012 brought us celebrations and excitement in the form of the Jubilee, Olympics and Paralympics. Now that the whirlwind of activity has calmed down, it's time to take stock of what else 2012 had to offer.

19.04.12

Beware! Legal advice from claim consultants is not privileged

A decision from the Technology and Construction Court (TCC) has confirmed that advice given by claims consultants to their clients is not covered by legal advice privilege even if the advice is provided by solicitors or barristers engaged by those claims consultants.

08.09.11

The nuts and bolts - part 12. Practical completion - What does it mean?

In this, the 12th and final part of our series, we examine the basics and key issues surrounding Practical Completion.

10.08.11

The nuts and bolts - part 9. Remedying defects: the options

Faced with a defect in a building the owner will have to consider various issues. What is the cause of the defect? How should it be remedied? Who should remedy the defect and who might be responsible for the costs? Can recovery be made either in contract or in tort?

21.06.11

The nuts and bolts - part 2. Letters of intent - a time and a place

Despite all the warnings about the risks associated with letters of intent (LOI), there is a time and place for them to be used on construction projects.

28.04.10

Settlement and litigation costs: when refusing to talk doesn't pay

A successful party which fails to enter into settlement negotiations following an offer to settle may be deprived of a substantial proportion of its costs.

12.01.09

Adjudication enforcement proceedings: how to succeed with a set-off defence

When an adjudicator decides that one party must pay money to another, can the paying party successfully resist enforcement proceedings by exercising a right of set-off?

30.09.08

Adjudication: Refusing to pay due to the financial circumstances of the receiving party

In the current economic climate, a major concern for those in the construction industry is the risk of being dragged into adjudication proceedings by companies in financial difficulties.

07.08.08

Changes to the adjudication and payment provisions: draft Construction Contracts Bill

Last month, the Department for Business, Innovation and Skills (BIS) published a draft Construction Contracts Bill to amend Part 2 of the Housing Grants Construction and Regeneration Act 1996.

01.07.08

Construction update: report and review of recent cases

Wragge & Co's Construction experts bring you the latest on the cases and issues affecting the lending industry.

 

Press releases

08.04.13

Wragge & Co boosts construction credentials with new partner

Wragge & Co has boosted its construction credentials with a new partner. Contentious construction director Daniel Wood will be promoted to the firm's partnership on 1 May.

19.03.12

Wragge & Co broadens international disputes practice with new partner hire

Wragge & Co has enhanced its dispute resolution practice with the hire of international construction disputes partner Anthony Wilson. He joins from the Cairo office of leading Middle East-based arbitration firm Hafez where he was a partner and head of construction disputes.

15.03.10

Wragge & Co enhances construction capability with new partner

Wragge & Co LLP has added a new partner to its Construction team, enhancing its ability to offer a high-quality partner-led service to its clients. Dispute resolution director Sue Ryan will be promoted to the firm's partnership as of 1 May, taking the total number of construction partners to six.

 

Published articles

There are currently no published articles for Michael O'Shea.

 
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