Louise Elmes

Louise advises on construction disputes, engineering disputes, and international arbitration, including major infrastructure, fit-out, and design-and-build projects across the UK, East Africa, and the Middle East.

• Acted for a large Japanese contractor in an ICC arbitration in relation to the construction of a significant road in East Africa concerning claims in the region of US$160m. The issues included non- and late-payment of IPCs, extensions of time, delay and disruption, termination, performance security and quantum.
• Acted for owners and contractors on disputes in relation to the construction, fit-out or refurbishment of significant projects including Wembley Stadium, The Shard and the M25 extension.
• Acted for a multinational food and packaging and processing company in a FIDIC contract dispute with an arbitration held in Dubai under DIAC Rules regarding the design and build of a processing plant in Oman.

Louise specialises in construction disputes, engineering disputes, and international arbitration, resolving complex claims including delay, defects, non-payment, and fraud for contractors, housing associations, and project managers worldwide.

• Acted for a joint venture of railway contractors in a series of disputes against Network Rail concerning works to the West Coast Main Line Upgrade, including a dispute concerning claims of in excess of £200m concerning delay and defects and a dispute heard in the Court of Appeal.
• Acted for a South African contractor in two LCIA arbitrations in relation to the construction and maintenance of a significant railway in Sierra Leone serving a gold mine. The issues included measurement, variations and delay and disruption.
• Acted for a housing association in relation to 42 disputes concerning defective cladding and fire safety on residential properties, several of which were resolved by way of litigation.
• Acted for a tier one contractor and project manager in arbitration on claims totalling £150m for non-payment of invoices, defects and fraud in relation to the design and build of a community centre.

Louise advises on professional negligence, engineering disputes, and international arbitration, defending and pursuing claims against architects, engineers, and project managers in construction, infrastructure, and property development projects.

• Acted in litigation for a hotel developer in relation to claims in professional negligence against the architect, M&E designers, interior designers, project manager and construction manager.
• Acted in litigation for a contractor against an architect in relation to negligent design in relation to a road.
• Acted in litigation for an UHNW owner in relation to claims in professional negligence against the project manager and architect.
• Defended in litigation an architect in relation to allegations of negligent design on a conference centre.
• Defended in litigation structural and civil engineers in relation to allegations of negligent design of infrastructure, commercial and residential property.
• Acted for a Saudi-Arabian investor in relation to the management of his property portfolio in the UK including the acquisition and disposal of assets, their construction, refurbishment and maintenance with a particular emphasis on avoiding any potential disputes.
• Acted for a German fund in litigation in relation to the design and construction of a shopping centre in Oxfordshire, including complex technical litigation in relation to a multi-storey car park requiring expert evidence in four fields.

Louise advises agriculture and rural affairs clients on contentious construction and engineering disputes, with a particular interest in anaerobic digestions plant and wind turbine claims.

• Acted for a pig farm in a dispute against the contractor arising from the design and construction of an anaerobic digestion plant required for the processing of waste arising from the farm. The issues included defective design, defects and delay to completion.
• Acted for a farming developer of an anaerobic digestion plant in claims against the environmental consultant in respect of failures pertaining to the obtaining of a bespoke permit.
• Acted for a farming developer of an anaerobic digestion plant in claims against the contractor arising from the design and construction of the plant. The issues included defects, delay to completion and failure to meet the performance criteria.
• Advised an arable farm in relation to the design and construction of wind turbines and acted in disputes against the professional team and contractor.
• Acted for a contractor defending claims made by the farming landowner and employer concerning the design and construction of an energy from waste plant. The issues included defective design, defects and delay.

Louise advises energy and natural resources clients on contentious construction and engineering disputes, including mining and drilling projects and waste-to-energy plants.

• Acted for the main shaft contractor on the largest mining project in Western Europe in relation to the design and construction of the main shaft and termination of that contract.
• Acted for the building contractor consortium in relation to the design and construction of the first waste-to-energy plant in Africa concerning claims in the region of US$ 120m. The issues included design, performance, and non- and late-payment of IPCs.
• Advised, and acted in an arbitration for, an owner of a semi-submersible drilling rig in relation to claims against a shipyard in the region of US$110m. The main issues included delay in delivery, defects, warranty items and loss of hire.
• Acted for the developer of a renewable energy plant in relation to disputes concerning the design and build of anaerobic digestion plants against the respective professional teams and contractors.
• Advised various owners and contractors in relation to day rates, force majeure and contractual interpretation in relation to drilling contracts.
• Acted for a large international contractor with headquarters in Germany in an adjudication in relation to the design and construction of an energy-from-waste plant involving claims totalling £10m. The main issues included delay and disruption, extension of time, defects and loss and expense.
• Acted for the building contractor consortium in relation to the design and construction of the first waste-to-energy plant in Africa concerning claims in the region of US$120m. The issues included: design, performance, and non-payment and late payment of IPCs.

Louise advises hotel, hospitality and leisure clients on contentious construction disputes, including hotel build and design, defective cladding, and fire safety disputes.

• Acted for a hotel developer and related operator in relation to all legal aspects, including disputes arising from the design and build of hotels with claims up to £120m concerning delays and defects and a dispute heard in the Court of Appeal.
• Acted for a hotel developer and operator in relation to disputes arising from the refurbishment or fit-out concerning delays and defects.
• Acted for a contractor defending claims concerning alleged defective cladding and fire safety issues and defects on several hotels.
• Acted for an insurer concerning recovery claims following indemnity of defective cladding and delays and defects claims on several hotels.
• Acted for a Lebanon-based investor in relation to the management of his hotel and residential property portfolio in the UK, including the provision of all necessary legal services to minimise the risk of disputes.

Louise advises marine and shipping clients on contentious construction disputes, including shipbuilding projects and drilling projects.

• Advised, and acted in an arbitration for, an owner of semi-submersible drilling rigs in relation to claims against a shipyard in the region of US$110m and US$12m. The main issues included delay in delivery, permissible delay, defects, warranty items and loss of hire.
• Advised, and acted in an arbitration for, a shipyard against owners of in relation to the construction of megayachts. The main issues included delay in delivery, warranty items, exterior paint finish and costs.
• Advised the owner of a passenger ferry in relation to the cancellation of the shipbuilding contract. The main issues included termination under the shipbuilding contract and at common law, refund of pre-paid instalments and recovery of general damages at common law.
• Advised various shipyards and owners in relation to construction, delivery and warranty issues in relation to superyachts and passenger and cargo vessels.
• Acted for an owner of a semi-submersible drilling rig in relation to claims against a shipyard in the region of US$120m. The main issues included: delay in delivery, permissible delay and alleged compromise.
• Advised and acted in several arbitrations for, a German shipyard against owners in relation to the construction of megayachts. The main issues included delay in delivery, warranty items, exterior paint finish and costs.
• Advised the owner of a passenger ferry in relation to the cancellation of the shipbuilding contract with a German yard. The main issues included termination under the shipbuilding contract and at common law, refund of pre-paid instalments and recovery of general damages at common law.
• Advised various German shipyards and owners in relation to construction, delivery and warranty issues in relation to superyachts and passenger and cargo vessels.

Recognised by The Legal 500 for Construction 2024–2026

Recognised by The Legal 500 for Property Litigation 2024

Recognised by The Legal 500 for Oil and Gas 2023

Recognised by The Legal 500 for Construction 2022

Recognised by The Legal 500 UK 2016–2021 for Contentious Construction, International Arbitration and Professional Negligence

Fellow of the Chartered Institute of Arbitrators

Member of the Society of Construction Law

Member of the Cambridge University Land Society