Vijay K. Bange

Practice Details

• Firm Information
  Position

  Partner

  Firm Name

  Duane Morris
• Representative Cases & Transactions
  Cases

  Representative Matters: Transport
  Infrastructure Matters: Advised a Turkish construction company in proposed claims against the Libyan government concerning various Libyan road projects built by the contractor
  construction was disrupted by the Libyan civil war, leading to claims advanced in arbitration based on Turkey's Bilateral Investment Treaty with Libya,
  a 1986 agreement on the protection of investments between members of the Organisation of the Islamic Conference, to which Turkey
  Libya are both a party.
  Advised a main contractor on claims against a Danish Insurer relating to various credit insurance policies
  the underlying project concerned civil engineering highway works in the Caribbean,
  the dispute was settled prior to trial, on terms the client found favourable.
  Advised a leading international contractor in relation to disputes arising out of the construction of a major new bypass in the UK
  the project was subject to significant delays
  cost overruns due to issues with the initial modelling prepared on behalf of the employer, particularly with the earthworks required for the foundations of a bridge forming part of the bypass. Negotiated a settlement that the client found favourable.
  Advised a consortium of international contractors in relation to a major motorway resurfacing project in the UK
  progress was delayed due to unforeseen access restrictions as well as a major design change. Prepared detailed claims against the employer, successfully adjudicated the question of responsibility for ground conditions under the contract,
  negotiated a settlement agreement that clients found favourable.
  Acted for a UK-based contractor in relation to the redevelopment of a significant part of the dilapidated road network on a Caribbean isl
  , after completion was delayed by over 18 months for reasons outside the client's control
  worked closely with delay
  quantum experts to present client's case to the local government through a conciliation process,
  secured a settlement that the client found highly favourable.
  Airport Matters: Acted for an international contractor in relation to a dispute with its primary subcontractor concerning work on the Gan Airport in Maldives
  successfully obtained a payment judgement in the Sri Lankan Courts in the client's favour.
  Advised a UK airport in relation to a major upgrade project which had encountered significant delays
  cost overruns
  the main contractor advanced claims in excess of 25m against the client, but agreed to a bespoke 18-month adjudication/arbitration procedure to consider the claims,
  ultimately the client received a judgment it found favourable.
  Acted for a UK construction company in defending a large claim under an agency agreement for alleged unlawful termination
  unpaid commissions concerning a project in Sierra Leone, which included an upgrade to Lungi International Airport
  a large hotel project in Freetown.
  Acted for an international main contractor (acting as part of a joint venture) in the construction of the new Islamabad International Airport in Pakistan
  advised on complex contractual interpretation issues arising under a FIDIC contract as well as on entitlement to claim additional sums under the contract, potential claims under the Pakistan-UK bilateral investment treaty,
  international enforcement issues. Also advised in relation to negative payment certificates
  , working with local counsel, successfully obtained an interim injunction from the Pakistani Courts preventing the contract administrator from issuing further negative certificates.
  Energy Matters: Acted in respect of a European main contractor's final account claim against a Middle Eastern employer for oil pipeline works.
  Advised an international main contractor in relation to the design
  construction of a 40MW biomass power plant in the UK
  disputes arose with the client's joint venture partners
  claims were made associated with non-performance of contractual obligations. Ultimately settled the dispute without recourse to formal proceedings.
  Canal, Rivers,
  Port Matters: Advised a main contractor in dispute with its employer over the redevelopment of a major UK port
  works had proceeded under a series of letters of intent pending receipt of funding from the European Commission,
  once the employer was in receipt of funding the contract (based on the NEC3 ECC st
  ard form) was completed,
  the employer sought to apply that contract retrospectively
  time out our client's claims for relief. Referred the dispute to adjudication
  ultimately obtained an award the client found favourable.
  Advised a developer in relation to obligations under the Reservoirs Act 1975 concerning m
  atory works that were required to ensure against flood risks
  complex issues involved flood risk alleviation, works required to reservoirs,
  listed buildings on a heritage site.
  Advised a contractor on issues pertaining to complex civil engineering issues concerning a retaining wall for a canal in a city development.
  Hotel, Leisure
  Stadia Matters: Advised a unique city pod hotel in the UK following a significant escape of water, in a multi-party claim
  the hotel was constructed using modular construction
  comprises a number of self-contained, pre-fabricated
  pre-wired pods. Advised on the nature
  scope of the remedial scheme in conjunction with experts,
  dealt with insurance policy coverage
  a business interruption claim.
  Acted for a contractor providing long term strategic advice in relation to the early termination of a PPP contract with an English local authority
  the contract concerned the design, construction, operation
  maintenance of a sports centre, Olympic-sized swimming pool, athletics track
  golf centre. Also advised on alleged design
  construction defects across various parts of the site.
  Acted for an international main contractor in multi-party high-court proceedings (London) issued by a championship football club
  the claim concerns alleged latent defects in a football stadium
  was brought under the terms of a collateral warranty. The complex legal arguments concerned limitation, agency
  trusts.
  Advised a UK contractor in disputes associated with the construction of the Olympic Park in London under the terms of a heavily amended NEC3 ECC contract
  a large number of design changes arose during the course of the works, for which the employer contended the client was responsible. Prepared detailed claims against the employer
  ultimately resolved the matter through negotiation.
  Other Construction
  Engineering Matters: Acted on behalf of the NHS Trust in relation to various issues arising under a building contract for the design
  build of a new hospital. Dealt with defect issues arising as a result of defective design
  /or workmanship
  complex issues as to liability
  quantum,
  advised on final account issues including complicated extension of time claims
  liquidated damages.
  Advised a housing provider on regulatory compliance
  defect issues concerning Aluminium Composite Material (ACM) cladding installed (by professional appointment) across a number of its high-rise tower block sites
  the matter involved technical fire engineering
  architectural issues regarding combustibility of materials used.
  Advised a concrete frame sub-contractor in a dispute arising out of a 75m mixed-use development in central Birmingham
  dealt with a total of nine adjudications which involved technical
  quantum experts, as well as Part 8 Proceedings
  two sets of enforcement proceedings in the TCC. Ultimately the dispute was settled after meditation on terms the client found highly favourable.
  Advised an Irish main contractor in a well-publicised restructuring of the Group which sparked significant media attention, also adivsing on issues arising over bonds
  advising on the creation of further encumbrances
  counter-indemnities.
  Obtained a same day Order for interim injunctive relief (prohibitory injunction) in the Technology & Construction Court (High Court, London) without notice against a contractor that had made a series of threats to interfere with the employer's properties
  remove materials without consent across multiple sites across the country.
  Acted for a main contractor (as Responding Party) in three concurrent adjudications issued on the same day
  obtained awards recovering 1.5m for the client.