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Mackenzie Burnet

Associate
Construction Infrastructure & Engineering Disputes
London
About

Mackenzie is an associate in the Construction, Infrastructure and Engineering Disputes team based in London.

She has experience advising employers, contractors, sub-contractors and investors in relation to standard form contracts including JCT, NEC, CECA, and FIDIC providing practical, contractual, operational and risk management advice.

She has been involved in various dispute resolution forums including mediation, adjudication, expert determination, arbitration (LCIA and SIAC) and litigation. She also provides commercially focused advice on dispute avoidance on live projects.

Mackenzie’s experience has covered a variety of sectors including energy & natural resources, infrastructure, construction, and highways.

Mackenzie also participates in a variety of pro-bono and community engagement initiatives at DLA Piper.

Areas of FocusEnergy and Natural ResourcesInfrastructure, Construction and Transport
Bar admissionsSolicitor of the Senior Courts of England and Wales

EXPERIENCE

  • An integrated energy company in an LCIA arbitration. The dispute relates to a contract for the supply, storage and transfer of fuel and involves alleged termination of the contract and the interpretation of provisions which govern termination.
  • An owner-operator of solar assets in relation to the ongoing management of and disputes arising under EPC FIDIC contracts for the design and construction of two solar farms in the UK. The dispute concerns delays to the projects and resulting claims for liquidated damages.
  • A state-owned Chinese energy contractor in a SIAC arbitration. The dispute concerns the recovery of outstanding sums payable under a repayment agreement which arises from an EPC contract for a coal fired power plant.
  • A world energy leader on a dispute relating to the specialist design and engineering of an overseas power station. The dispute relates to significant delays caused by restricted site access (relating to COVID-19), local trade union agreements, and delays to testing on completion.
  • An independent power producer in the renewable energy industry in relation to the development of solar power energy projects in Chile.
  • A global contractor in relation to the refurbishment and redevelopment of a residential building. The dispute related to various defects arising from subcontractor's works.
  • A global bank in relation to claims arising from the redevelopment of a residential building relating to building and fire safety defects under the Defective Premises Act 1972 and Building Safety Act 2022.
  • A leading UK contractor in relation to the refurbishment and redevelopment of an historic building. Mackenzie has provided commercial advice on dispute avoidance and project management on the live project.
  • A leading UK contractor on potential claims for delay and loss and expense relating to unforeseen ground conditions on the site of a redevelopment and construction of a crematorium. Mackenzie has provided advice both in relation to the contractor’s claim against the employer and also a potential professional negligence claim against the designer under a consultant appointment.
  • Acting for a retaining structure specialist sub-contractor in relation to a payment dispute under a CECA form sub-contract through two adjudications and proceedings in the Technology and Construction Courts.
  • A Belgian construction company in relation to disputes arising out of the design and construction of the expansion to a large industrial port in Morocco. The contractor was responsible for the original construction of the port and was appointed in relation to the expansion under a FIDIC contract. The advice relates to the ongoing management of the contract including subcontractor relationships, supply chain issues and delays.
  • A national train operating company in an arbitration subject to the Access Dispute Resolution Rules. The dispute arises due to sustained poor performance under a track access contract.
  • A major international infrastructure investor in multiple disputes relating to defective firestopping on a PFI project for the design, construction and operation of 8 schools in the north of England. Providing long term strategic advice and acting on disputes in live TCC proceeding with the local authority, construction joint venture and facilities management company as well as funder liaison.
  • A property management company in respect of widespread fire stopping defects and non-compliant ACM cladding at a large residential and commercial development used for the London 2012 Olympics.
    • The dispute concerns construction dating back to 2005 and therefore the availability of a vast number of sub-contractors and consultants and limitation were significant issues in the dispute.
  • A Local Authority in an expert determination arising from a claim by the service provider for additional payments under an incentive bonus scheme of approximately GBP1 million under a longstanding waste management PFI contract. The local authority client was successful in the expert determination.
  • An NHS Trust in respect of a substantial number of defects found in the passive fire protection of a hospital. Mackenzie worked alongside a team guiding the Trust through an assisted negotiation process with a mediator.
  • A Local Authority in respect of widespread defects arising at one of the UK’s leading sporting venues resulting in significant delays and losses to the Local Authority.
  • A City Council in relation to a range of disputes under its highways maintenance contract based on an NEC form. The disputes arose in respect of a range of different projects, including the construction of a GBP 25 million road. The disputes spanned across many years but were ultimately brought to a favorable conclusion without the need for formal proceedings.
Languages
  • English
Education
  • Queens University, Kingston, Bachelor of Honours (Sociology)
  • University of Bristol, MA in Law
  • University of Law, Legal Practice Course

Publications

  • Disputes in the infrastructure sector: Q&A, 28 October 2022

Additional Information

Working with the Immigration Law Practitioners Association (ILPA) as part of a project to provide information and support to Afghans relating to UK relocation schemes.

Memberships And Affiliations

  • Member of the Society of Construction Law (SCL)
  • Member of the Technology and Construction Solicitors' Association (TeCSA )

My latest insights

Publication
Abstract building

Disputes in the infrastructure sector: Q&A

27 October 2022 .1 minute read

Connect

Phone

+44 755 435 1785
(Work)
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