Member

Change your cover photo
Upload
Nicholas Gould
Change your cover photo

Nicholas is a Partner in one the UK’s leading construction solicitors Fenwick Elliott. He conducts a mix of dispute resolution and non-contentious work.


This user account status is Approved

This user has not added any information to their profile yet.

IMI Certified Mediator
United Kingdom
Construction, Energy, Infrastructure
English
EQP - Experience Qualification Path (Historic)
Mediation Profile

Nicholas is a Partner in one the UK’s leading construction solicitors Fenwick Elliott. He conducts a mix of dispute resolution and non-contentious work. Predominately advising institutions and companies who own, finance, invest, build and facilitate development opportunities and construction projects. He acts in a wide range of construction sectors including general construction, office, retail, leisure, hotels, residential, transport, waste, infrastructure, rail, communications, industrial, process plant, power stations, wind farms, desalination plants, airports, telecommunications, petrochemical, oil and gas. Dispute resolution experience spans litigation, arbitration (domestic and international), adjudication (in more than 100 adjudications), mediation and expert determination. Describe by Chambers and Partners (2006) as “up and coming” and "very well known in the field," his industry background reassuring clients that he has a "good grasp of the issues." According to the IBA’s Who’s Who Legal Construction 2007 he is “revered for his “excellent mind”.” 

He regularly acts as a mediator (has done more than 60 mediations) in construction, engineering, insurance, property and commercial disputes (CEDR Solve, ADR Chambers, Construction Conciliator’s Group and Mediation UK registered) including complex multi-party mediations conducted over several days. He also acts as adjudicator (CIArb, AICA and CEDR registered), dispute board member (DRB/DAB) and early neutral evaluator.

  • Has acted as lead mediator since 1998 for at least 60 mediations, including multi party and of high value. Acted as a project mediator, early neutral evaluator, statutory and contractual adjudicator on many occasions.
  • Acting as an early neutral evaluator for a mechanical and electrical dispute arising from a PFI hospital. Settled.
  • Appointed as adjudicator in respect of a dispute on a process engineering plant (CEDR Adjudication Rules) in the middle east.
  • Standing member of a contracted mediation panel for a new £35 million hospital development which started in the summer of 2002 (GMP Contract with bespoke contracted mediation procedure). The first joint session was attended by 47 people representing 8 parties.
  • Mediator for a substantial multi-party construction dispute concerning the re-development of a town centre. The 4 parties attended a two-day mediation resulting in two separate (a two party and a three party) settlement agreements resolving all of the inter-related, and inter-party disputes.
  • Mediator in respect of a specialist metalwork and atrium glazing dispute. Settled on the day of mediation.
  • Mediating a property related dispute of approximately £1.2M arising from the removal of “fixtures and fittings” at a chemical process engineering plant.
  • Acting as mediator in respect of a substantial value 5 party dispute arising from water damage caused by bursting pipes at a commercial premises during construction work. Successfully resolved in a one-day mediation, with two separate settlement agreements spanning all parties.
  • Mediator for a defects/property dispute where the claim value was £450,000. A settlement was reached on the day of mediation.
  • Mediator for a property dispute between a property investment company and the tenant (a substantial charity) involving a schedule of dilapidations. The parties were about £200,000 apart. A settlement was reached at the end of a one-day mediation.

Nicholas’ style is relaxed, but he is able to maintain a momentum towards settlement.

Sectors: Construction and engineering Property, planning and environment Public sector, Health, education, PFI and PPP Transport and energy, Insurance and Reinsurance, Oil and Gas Process Engineering, Water & Waste, Commercial, partnership & shareholder Dispute types: Supply of goods and services, Professional negligence, land property and boundary claims, Party Wall Act and Rights of Light, Landlord & Tenant, Development Agreements & Section 106

Panel Listing
London Court of International Arbitration (2009).
Dubai International Arbitration Centre (2008).
Dispute Board Foundation (2008).
Dispute Review Board Foundation (2005). 
Chartered Institute of Arbitrators (2003). 
Association of Independent Construction Adjudicators (2006). 
ADR Chambers (2004). 
Construction Conciliator’s Group. 
Mediation UK Registered Mediator (1999).
Centre for Effective Dispute Resolution (1998). 

Professional Qualifications and Memberships
Admitted as a Solicitor of the Supreme Court (1999).
Fellow, Royal Institution of Chartered Surveyors (2000 FRICS, ARICS since 1994).
Fellow, Chartered Institute of Arbitrators (FCIArb 2007, MCIArb since 2003).
Member, International Bar Association (IBA).
Member, Society of Construction Law (SCL).
Member, Dispute Resolution Board Foundation (DRBF 2003).

Official Positions
Chairman, Standing Sub-Committee of the International Chamber of Commerce’s (ICC) International Centre for Expertise (Le Centre international d'expertise de la CCI), (2007).
Past Chairman, Society of Construction Law (Vice-Chairman 2005, Secretary 2004 Co-opted, from, 2001) and Chair of Junior Committee and Advocacy Training (2003).
Chairman, Adjudication Society (Vice Chair 2006-08) and case notes editor since inception (1999).
Co-Chair, International Bar Association’s International Projects and Dispute Conference, Brussels (2008).

Contact CEDR

Head office:
Centre for Effective Dispute Resolution
International Dispute Resolution Centre
70 Fleet Street
London
EC4Y 1EU
United Kingdom

Tel: +44 (0)20 7536 6000
Fax: +44 (0)20 7536 6001
Email: info@cedr.com

Training and Education

CEDR training course 1994, 1996.
Mediation UK training completed 1997
CEDR accredited 1998
Conducted UK Government funded research in to ADR and the use of mediation (1994-1996). Published results 1998 and 1999.
Led funded research undertaken by King’s College London and the High Court regarding the use of mediation in technology and construction disputes (2006-2008). Published 2009.
Assisted CEDR to develop ACE advanced mediation training course.

Regularly lectures on ADR, mediation and dispute resolution. Has lectured for:
King’s College London
University of Manchester
Reading University
Royal Institution of Chartered Surveyors
Institution of Civil Engineers
Chartered Institute of Building

Visiting Senior Lecturer, Centre of Construction Law and Dispute Resolution, King’s College London. Acting as the research development liaison for the Centre, lecturing on the introduction day, during the academic year and dissertation supervisor (from 1999). Member of Executive Committee responsible for running the MSc and for assessing the students (from June 2003).
Jesus College, Cambridge University. Lecturing on the IBC Construction Law Summer School. (September 2002 onwards).
Visiting Lecturer, National University of Singapore (from 2004).
Running a workshop at the First National Adjudication Society’s Conference (and organising conference proceedings and venue) 20 November 2002. And for subsequent conferences in 2003, 2004, 2005, 2006 and 2007.
Visiting Lecturer, Department of Building Engineering, UMIST, Manchester (from 2000).
Visiting Research Fellow, University of Westminster (from 1997).
Senior Lecturer (full time) and course leader, University of Westminster (1994-1997).
RICS, Adjudication update lectures and other CPD lectures.
Regularly lectured for; ICC, ICE, DIAC, FIDIC, RICS, CIOB, CIArb, SIA, IBC, IBA, DRBF

Publications

Nicholas has written or edited all of the 350 Case Summaries for the Adjudication Society, which are published in their Newsletter and available on their website at www.adjudication.org (since its inception in 1999). He writes or edits the Case Summary every week for the internet site of Building Magazine (since 2003) and has written case summaries and book reviews for the Construction Industry Law Letter. He Drafted the PFE Change Management Supplement and Guidance Notes (2003/04) with Keith Pickavance and Dr Julian Critchlow. Publications include:

Gould, N. and Ors (2009) “The Use of Mediation in Construction Disputes : Summary Report of the Final Results” King’s College London and HMCS, 7 May 2009.
Gould, N. (2009) “Mediation and Construction Disputes : Recent Research” Building Magazine, May.
Gould N. (2009) “The Mediation of Construction Disputes : Recent Research”, Civil Engineering Surveyor, Construction Law Review 2009. 
Gould N. (2009) “Maintaining the Relationship and Building Trust”, Contract Management, Performance Monitoring and Dispute Resolution for PPP / PFI Projects, SMi, Copthorne Tower Hotel, London (11 and 12 May). 
Gould N. (2009) “PPP and PFI in Romania”, Inaugural Conference, PPP in Europe, The Financial Aspects – Regulatory and Practical, SMi, London (24 and 25 June). 
Gould N. (2009) “Alternative Techniques for Dispute Resolution” International Construction Contracts & Conflict Management Conference, Park Inn, Russell Square, London (22/23 April).
Gould N. (2008) “Dispute Avoidance and Resolution”, Legal Issues in the Construction Industry Conference, RICS (21 October).
Gould N. (2009) “Third Party Rights”, Module C Paper for King’s College MSc.
Gould N. (2009) “International Contracts in the Law” Module C Paper for King’s College MSc.
Gould N. (2009) “Project Security” Module C Paper for King’s College MSc.
Gould N. (2009) “International Procurement” Module C Paper for King’s College MSc.
Gould N. (2009) “Procurement : Choice of Law” M

Compliance

IMI Code of Professional Conduct

IMI Professional Conduct Assessment Process

Fenwick Elliott LLP maintains PI insurance covering professional mediation work. Maximum limit is £ 20 Million.

Contact
Nicholas Gould
Partner
Fenwick Elliott LLP
+44 (0) 20 7421 1987
United Kingdom
Diversity data (optional - not publicly visible)
Man

Shopping Basket
Scroll to Top