Vijay K. Bange has extensive experience in dealing with construction, engineering, and energy disputes of varying sizes and complexity, both in arbitration proceedings and those in the TCC. Furthermore, since the advent of the Housing Grants, Construction and Regeneration Act 1996, Mr. Bange has advised on all aspects of adjudication, and is also an accredited adjudicator on the CIOB and CIC panels. He has considerable experience in acting for and advising both referring and responding parties and adjudicators.
Mr. Bange undertakes a diverse range of work, including non-contentious, advisory steer throughout project life cycle, dispute avoidance strategy and contractual interpretation. Further, he is a keen advocate of innovative ADR approaches. His experience includes advising in relation to large international infrastructure projects, including numerous airports, road, harbor, and waste to energy projects.
Complex Litigation / Arbitration and Cyber Security
Mr. Bange is increasingly involved with complex litigation, and arbitrations, both domestic and cross border. This includes cybersecurity matters in the construction, engineering and energy sectors; freezing and tracing assets, including obtaining domestic and worldwide freezing injunctions, Norwich Pharmacal and Bankers Trust Orders; international asset recovery; virtual currencies and financial crime and cybersecurity matters, including incident response; FOREX scams; business email compromise fraud and recovering misappropriated assets from cryptowallets and cryptocurrency exchanges in various jurisdictions.
Mr. Bange is a Fellow of the Chartered Institute of Arbitrators (Diploma in International Arbitration ACIArb) and a member of the Society of Construction Law and TeCSA. He has consistently been acknowledged as a legal expert in the field of construction and engineering law in the Legal 500 and Chambers UK. Mr. Bange is fluent in Punjabi and Hindi.
Vijay Bange focuses his expertise in dispute avoidance and risk management. Clients particularly appreciate his deep understanding of the construction business.” – Chambers UK 2011
“Clients particularly appreciate his 'deep understanding of the construction business’.” – Chambers UK 2012
"Vijay Bange…is considered ‘excellent on the disputes side’ of Construction Law. He is experienced in resolving claims through techniques such as adjudication, as well as cases requiring full litigation. He also advises clients in contract negotiations." Chambers UK 2018
The most recent edition of Chambers UK noted:
“Vijay Bange advises clients including funders, employers and housing providers on non-contentious matters and dispute resolution. Sources say that he ‘sees the bigger picture straight away and is very astute on tactical matters.’”
The latest edition of Legal 500 said:
"Vijay Bange, who handles the contentious side of the practice ‘provides a responsive service and delivers commercial solutions’ - he handles a range of disputes work, much of it for contractors….”
Areas of Practice
Construction, engineering and energy
- Complex commercial litigation and arbitration (domestic and cross-border)
- Civil fraud
- White-collar crime and investigations
- England and Wales
- Birmingham City University, LL.B. (Hons), 1990
- Duane Morris
- Partner, 2020-present
- Trowers & Hamlins LLP
- Partner, 2008-2020
- Pinsent Masons
- Partner, 2002-2008
- Fenwick Elliott LLP
- Senior Associate, 1995-2002
- Neil F. Jones & Co.
- Trainee Solicitor, 1992-1995
Technology and Construction Solicitors Association (TeCSA)
Society of Construction Law (SCL)
Fellow, Chartered Institute of Arbitrators
Honors and Awards
Listed in Chambers UK
Listed in The Legal 500
- Advised a Turkish construction company in proposed claims against the Libyan government concerning various Libyan road projects built by the contractor; construction was disrupted by the Libyan civil war, leading to claims advanced in arbitration based on Turkey's Bilateral Investment Treaty with Libya, and a 1986 agreement on the protection of investments between members of the Organisation of the Islamic Conference, to which Turkey and Libya are both a party.
- Advised a main contractor on claims against a Danish Insurer relating to various credit insurance policies; the underlying project concerned civil engineering highway works in the Caribbean, and the dispute was settled prior to trial, on terms the client found favourable.
- Advised a leading international contractor in relation to disputes arising out of the construction of a major new bypass in the UK; the project was subject to significant delays and cost overruns due to issues with the initial modelling prepared on behalf of the employer, particularly with the earthworks required for the foundations of a bridge forming part of the bypass. Negotiated a settlement that the client found favourable.
- Advised a consortium of international contractors in relation to a major motorway resurfacing project in the UK; progress was delayed due to unforeseen access restrictions as well as a major design change. Prepared detailed claims against the employer, successfully adjudicated the question of responsibility for ground conditions under the contract, and negotiated a settlement agreement that clients found favourable.
- Acted for a UK-based contractor in relation to the redevelopment of a significant part of the dilapidated road network on a Caribbean island, after completion was delayed by over 18 months for reasons outside the client's control; worked closely with delay and quantum experts to present client’s case to the local government through a conciliation process, and secured a settlement that the client found highly favourable.
- Acted for an international contractor in relation to a dispute with its primary subcontractor concerning work on the Gan Airport in Maldives; successfully obtained a payment judgement in the Sri Lankan Courts in the client’s favour.
- Advised a UK airport in relation to a major upgrade project which had encountered significant delays and cost overruns; the main contractor advanced claims in excess of £25m against the client, but agreed to a bespoke 18-month adjudication/arbitration procedure to consider the claims, and ultimately the client received a judgment it found favourable.
- Acted for a UK construction company in defending a large claim under an agency agreement for alleged unlawful termination and unpaid commissions concerning a project in Sierra Leone, which included an upgrade to Lungi International Airport and a large hotel project in Freetown.
- Acted for an international main contractor (acting as part of a joint venture) in the construction of the new Islamabad International Airport in Pakistan; advised on complex contractual interpretation issues arising under a FIDIC contract as well as on entitlement to claim additional sums under the contract, potential claims under the Pakistan-UK bilateral investment treaty, and international enforcement issues. Also advised in relation to negative payment certificates and, working with local counsel, successfully obtained an interim injunction from the Pakistani Courts preventing the contract administrator from issuing further negative certificates.
- Acted in respect of a European main contractor's final account claim against a Middle Eastern employer for oil pipeline works.
- Advised an international main contractor in relation to the design and construction of a 40MW biomass power plant in the UK; disputes arose with the client’s joint venture partners and claims were made associated with non-performance of contractual obligations. Ultimately settled the dispute without recourse to formal proceedings.
- Advised a main contractor in dispute with its employer over the redevelopment of a major UK port; works had proceeded under a series of letters of intent pending receipt of funding from the European Commission, and once the employer was in receipt of funding the contract (based on the NEC3 ECC standard form) was completed, and the employer sought to apply that contract retrospectively and time out our client’s claims for relief. Referred the dispute to adjudication and ultimately obtained an award the client found favourable.
- Advised a developer in relation to obligations under the Reservoirs Act 1975 concerning mandatory works that were required to ensure against flood risks; complex issues involved flood risk alleviation, works required to reservoirs, and listed buildings on a heritage site.
- Advised a contractor on issues pertaining to complex civil engineering issues concerning a retaining wall for a canal in a city development.
- Advised a unique city "pod hotel" in the UK following a significant escape of water, in a multi-party claim; the hotel was constructed using modular construction and comprises a number of self-contained, pre-fabricated and pre-wired pods. Advised on the nature and scope of the remedial scheme in conjunction with experts, and dealt with insurance policy coverage and a business interruption claim.
- Acted for a contractor providing long term strategic advice in relation to the early termination of a PPP contract with an English local authority; the contract concerned the design, construction, operation and maintenance of a sports centre, Olympic-sized swimming pool, athletics track and golf centre. Also advised on alleged design and construction defects across various parts of the site.
- Acted for an international main contractor in multi-party high-court proceedings (London) issued by a championship football club; the claim concerns alleged latent defects in a football stadium and was brought under the terms of a collateral warranty. The complex legal arguments concerned limitation, agency and trusts.
- Advised a UK contractor in disputes associated with the construction of the Olympic Park in London under the terms of a heavily amended NEC3 ECC contract; a large number of design changes arose during the course of the works, for which the employer contended the client was responsible. Prepared detailed claims against the employer and ultimately resolved the matter through negotiation.
- Acted on behalf of the NHS Trust in relation to various issues arising under a building contract for the design and build of a new hospital. Dealt with defect issues arising as a result of defective design and/or workmanship and complex issues as to liability and quantum, and advised on final account issues including complicated extension of time claims and liquidated damages.
- Advised a housing provider on regulatory compliance and defect issues concerning Aluminium Composite Material (ACM) cladding installed (by professional appointment) across a number of its high-rise tower block sites; the matter involved technical fire engineering and architectural issues regarding combustibility of materials used.
- Advised a concrete frame sub-contractor in a dispute arising out of a £75m mixed-use development in central Birmingham; dealt with a total of nine adjudications which involved technical and quantum experts, as well as Part 8 Proceedings and two sets of enforcement proceedings in the TCC. Ultimately the dispute was settled after meditation on terms the client found highly favourable.
- Advised an Irish main contractor in a well-publicised restructuring of the Group which sparked significant media attention, also adivsing on issues arising over bonds and advising on the creation of further encumbrances and counter-indemnities.
- Obtained a same day Order for interim injunctive relief (prohibitory injunction) in the Technology & Construction Court (High Court, London) without notice against a contractor that had made a series of threats to interfere with the employer's properties and remove materials without consent across multiple sites across the country.
- Acted for a main contractor (as Responding Party) in three concurrent adjudications issued on the same day; obtained awards recovering £1.5m for the client.
Transport and Infrastructure Matters
Canal, Rivers, and Port Matters
Hotel, Leisure and Stadia Matters
Other Construction and Engineering Matters
- Contributor, Duane Morris London Blog
- Contributor, Duane Morris Construction Law Blog
- Guest Editor, Construction Law, 2010-present
- Co-author, "The Cyber Threat to Construction, Engineering and Energy," Construction Law, January/February 2022
- Co-author, "Super-inflation and the Construction and Energy Sector in the UK," Construction Law, December 2021
- Co-author, "The Root Cause of Evil!" Construction Law, Aug/Sept 2021
- Quoted, "Arbitration Survey Reveals Scale of Covid Adaptation," Construction Law, May 7, 2021
- Author, "Arbitration, but Not as We Know It!" Construction Law, May 2021
- Co-author, "The Cladding Challenge: Silent Killer!" Construction Law, March 2021
- Author, "Reluctant Passengers on the Virtual Disputes Journey?" Construction Law, January/February 2021
- Co-author, "Article 35 Applications Under the ICC Rules," Construction Law, October 2020
- Author, "Changes to the UK Insolvency Regime and the Impact on Supply Contracts," Construction Law, August/September 2020
- Author, "Climate Change - A Wind of Change for Construction?" Construction Law, June 2020
- Co-author, "Henderson Principle Revisited," Construction Law, May 2020
- Co-author, "Taxing Times for Construction,” Construction Law, May 2020
Selected Speaking Engagements
- Speaker, "Negotiating a Financeable Power Purchase Agreement for Renewable Energy," CARILEC, Webinar, March 16-17, 2021
- "A Guide for International Construction Companies to Dispute Resolution in Egypt," HKA, Webinar, 3 November 2020
- "The New World Order," Working in Construction, 22 May 2020
- "Construction Questions, Issues and Practical Solutions," Doing Deals in the Covid-19 Era, 17 April 2020