Disputes in Construction: Where Liability Lands
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Design responsibility often sits at the heart of construction disputes, raising complex questions about risk allocation and accountability. This session will explore typical issues and dispute patterns arising from design obligations, including errors, omissions, and ambiguous contractual terms as well as unpicking the insurance reality. With the Building Safety Act introducing new statutory roles most notably the Principal Designer, the panel will examine how these changes could impact liability and coordination across the team.
The panel will share practical strategies for mitigating disputes, examine the interplay between designers, contractors, and clients, discuss best practices for investigating design-related claims, bringing legal, technical, design and contractual perspectives to the table.
Panel Moderator - Magdalena Prus, Associate Director at HKA.
Magdalena is a Chartered Architect and an Expert Witness, specialising in the analysis of technical issues in adjudication, arbitration and litigation proceedings across the UK and in the Middle East; Magdalena also serves as the current Honorary Secretary of the CIArb London Branch Committee.
Speakers:
Anneliese Day KC, Fountain Court Chambers.
Anneliese Day KC is a leading King’s Counsel and one of the UK Bar’s most respected advocates, called to the Bar in 1996 and taking silk in 2012. She is widely recognised for her exceptional expertise in construction, energy and infrastructure disputes, regularly acting as lead counsel and arbitrator in high-value, complex cases both domestically and internationally. Her construction practice spans litigation, arbitration and adjudication across major projects including PFI/PPP work, transport infrastructure, nuclear facilities and high-profile contractual disputes and she has appeared at the Supreme Court, appellate courts and major arbitral institutions. Anneliese is repeatedly ranked as a Star Individual for construction by leading legal directories, has been named Construction Silk of the year numerous times and has contributed to landmark decisions shaping construction law practice.
Mubina Fattoum, Senior Associate at PLP Architecture.
Mubina has extensive experience navigating design responsibilities across both the pre- and post-construction process. Mubina is currently studying to join the RIBA Principal Designer Register and is an active contributor to the practice’s technical and material resource team, where she shares updates on legislation and helps coordinate continuing professional development. Alongside her project work, Mubina plays an active mentoring role both within PLP and externally, through initiatives such as the RIBA Future Leaders programme and Women in Architecture. Her project portfolio includes high-profile residential and workplace developments in London, often delivered on complex and sensitive urban sites.
Paul Jolly, Principal at HKA.
Paul is a Chartered Architect with over 25 years’ experience. He is accredited with the Royal Institute of British Architects Register of Experts and is a Practising Member of the Academy of Experts (MAE). He has been responsible for the delivery of several award-winning schemes covering a variety of sectors including performing arts venues, education facilities, commercial offices and mixed-use developments on sensitive urban sites. Paul is an in-house buildings and infrastructure expert at HKA. He has worked as a named expert witness in preparing reports and undertaking forensic analysis on disputes involving professional negligence matters, fire safety compliance and construction defects including water ingress and external envelope performance. In 2023 he was recommended as a Technical Expert in the Lexology (formerly Who's Who Legal) Construction and Consulting Experts indexes.
Mariya Rankin, Senior Associate at Eversheds Sutherland.
Mariya is a Senior Associate specialising in construction and engineering disputes. She has acted for developers and engineering contractor clients on matters involving all forms of dispute resolution. In 2024, she completed her MSc in Construction Law & Dispute Resolution at King's College and has since been featured in a number of industry publications (including the SCL Journal and Construction Law Journal) on the topic of her dissertation research, which focused on addressing legal liability issues associated with the reuse of construction materials and sustainable building practices. Her recent practice has focused on resolving issues around design responsibility in forms ranging from contractor obligations under JCT forms of contract, to bespoke forms of contract for offshore engineering works and building safety disputes.
Starts 5:30pm for 6.00pm – Registration 6:00pm to 7:15pm – Panel Discussion and Q&A Session. The panel will be followed by a refreshments reception.
Location: 100 Victoria Embankment (Unilever Building via Watergate Entrance) London EC4Y 0DH
Registration: There will be no charge to attend, but prior registration is required. For registration, please contact Elinor Pritchard at [email protected]
