Martha Mordecai

Senior Associate
Construction, Energy & Projects

Martha advises generally on issues arising out of construction contracts and construction related disputes. 

She has extensive experience of the major standard forms of contract, including NEC and JCT, and of most types of dispute resolution, including high court proceedings, arbitration and adjudication. 

Martha acts for developers, contractors, local authorities, and healthcare trusts. She has been involved in several large commercial and residential developments, as well as health, highways, civils, and energy infrastructure projects. 

An experienced litigator, Martha advises on various types of construction related claims – such as those arising out of delayed or distressed projects, disputed defects, including consideration of insurance coverage issues, dispute resolution strategies, options of suspension /termination and the relevant dispute procedure.   

Martha is a member of the Society of Construction Law. 

 

  • Acting for Cumbria County Council (defendant and counterclaimant) in High Court proceedings (Manchester TCC) issued by Amey AG Limited. Judgement was handed down in November 2016 following a 16week trial in early 2016 (combined value of dispute £43 million.) 
  • Advising an NHS Trust in respect of the discovery of non-compliant insulation in the construction of a new Hospital which was due to open.  The matter settled in our client’s favour in the region of £7 million. 
  • Acting for a local authority in its successful defence of adjudication proceedings referred by its appointed highways PFI contractor regarding a dispute regarding the interpretation of the scope of services to be delivered in respect of retaining walls.  The value of the possible impact of losing the dispute was approximately £2 million.
  • Acting for a local authority in relation to proceedings against the contractor concerning defects in four recently constructed schools.  Following a successful Part 8 Claim concerning insurance obligations, the contractor agreed to rectify the defects at its own cost. 
  • Advising a local authority based in the North East on various issues concerning their PFI waste to energy facility, including delay to construction and impact on Services payment, approach to insurance change pain/gain share, and deductions for turnaround times on site.  All matters are now subject to settlement discussions following correspondence. 
  • Advising a local authority on various matters arising under its project agreement for the provision of an energy to waste facility following the termination of a main specialist subcontractor for default.
  • Advising the owner of various large residential developments in London in relation to its claims against multiple contractors for non-compliant cladding.  
  • Advising a local authority in respect of a Design, Installation, Operation and Management Contract concerning defects in retrofitted energy saving measures installed at various large residential blocks.  Issues included lack of fire stopping, and failure to complete works in accordance with the specification. 
  • Advising a local authority in London regarding claims arising out of a lack of provision of services in relation to several schools.  Advice included claims for deductions under the payment mechanism and the deployment of the right to benchmarking certain services. 
  • Construction contracts and development agreements
  • Project Agreements
  • Energy and Waste Contracts
  • Infrastructure contracts
  • PFI contracts
  • Construction disputes
  • Commercial litigation
  • Statutory Adjudication under the Construction Act
  • Professional negligence claims 
  • Civil Procedure 
  • Construction related insurance issues 

Career

  • Senior Associate, Capital Law Limited (4 Jan 2022 – present) 
  • Senior Associate, Bevan Brittan LLP (Feb 2018 – Feb 2021) 
  • Senior Associate, REN Legal (Nov 2014 – Feb 2018) 
  • Associate, Speechly Bircham (Sep 2006 – Sep 2014) 
  • Trainee Solicitor, Speechly Bircham (Sep 2004 – Sep 2006) 

Education

  • College of Law, York: LPC (2003 – 2004) 
  • Durham University: BA (2000 – 2003) 

Memberships

  • The Law Society of England and Wales 
  • The Society of Construction Law