Hillary Cohen

Expertise Hillary advises Experience Highlights Career History Testimonials

Partner

Construction, Engineering & Infrastructure

+44 (0) 7811 139139

Expertise

Hillary is a highly motivated and experienced construction lawyer with an engineering background. He spent his formative years in the law as a commercial litigator and he has specialised in both contentious and non-contentious construction and engineering law since the late 1980s.

Hillary has featured as a leading individual in his field in the ‘Best of the UK’ sections of the legal directories and has been personally ranked in the Chambers Directory in which observers declared him ‘easy to work with: he listens to what you want, finds out the root of the problem and gets done what needs to be done’. Published commentaries have also credited Hillary with ‘thoughtfully planned campaigns’ and advising with ‘precisely the required balance between legal and commercial aspects’ as well as describing him as having ‘the knowledge of an academic in procurement procedure’.

Construction projects inevitably involve a whole range of legal issues touching on real estate, general commercial contracts, finance, intellectual property, insurance, etc. Hillary’s experience of handling construction projects and claims has given him the tools to look after the interests of clients with a broad spectrum of needs for legal services cost effectively and efficiently.

Hillary advises

  • Developers
  • Contractors
  • Sub-contractors
  • Materials Suppliers
  • Professional Consultants

Experience Highlights

  • Acted for cladding and façade materials supplier in a number of claims for payment and alleged defects related matters.
  • Acted for stonework sub-contractor in relation to disputed matters concerning major shopping centre and residential developments.
  • Drafted, advised on and negotiated materials supply contracts.
  • Advised interior design consultant on several appointments relating to high value and prestigious projects in the UK and overseas.
  • Retained by litigation funder involved in an international arbitration (governed by the UNCITRAL Rules) and $billions counterclaim against an EPC contractor relating to a project in Africa.
  • Acted for freeholder of prestigious residential development in Knightsbridge in numerous construction related issues.
  • Acted for employer in TCC proceedings in claim concerning negligent design and contract administration, ultimately concluded by mediation.
  • Acted for contractor in an adjudication over defects in M&E sub-contract works at a London high rise office building and claim for extension of time and loss and expense.
  • Acted for employers in a number of adjudications with a wide range of subject matters, including claims concerning defective and incomplete works, over-valued interim payment applications, deduction of LADs, extension of time and design liability.
  • Acted for employer in claims by contractor under ICE 6th Edition contract in connection with road by-pass.  Issues included unforeseen ground conditions, additional works/variations and consequential claims for extensions of time and loss and expense.
  • Advised on a wide range of Advised on the construction aspects of several substantial Lottery funded projects.
  • Preparation of the construction documents for numerous office, retail park and town centre developments
  • Advised on a wide range of potentially contentious matters arising during the construction phase of a number of substantial projects including town centre developments, shopping centres, retail parks, office developments and lottery funded projects.  The issues have included the full range of events that can occur on substantial projects, many of which were resolved through advice and negotiation or alternative dispute resolution.
  • Acted for well-known and major contractor in arbitration instituted by employer and in claims against sub-contractor under MF/1 Form of Contract in connection with co-generation plant following catastrophic failure of boiler in which issues included design responsibility, manufacturing defects, variations, extensions of time, liquidated damages and loss and expense.
  • Member of team acting for specialist contractor in claims for variations, extensions of time and loss and expense arising from Channel Tunnel.
  • Acted for cabling contractor on M25 project in which issues included ground conditions and exceptionally adverse weather.
  • Acted for one of the major universities in two arbitrations concerning a prestigious sports complex.  Issues included defective works, prolongation and deduction of liquidated and ascertained damages.
  • Acted for employer in the preparation of civil engineering contracts and subsequent advice in respect of claims for the construction of town bypass.
  • Advised on the construction aspects of several substantial Lottery funded projects.
  • Preparation of the construction documents for numerous office, retail park and town centre developments.

Career History

Previous Law firms

  • Withers, Solicitor (1978 to 1986)
  • Saunders Sobell, Solicitor (1986-1988)
  • Saunders Sobell/ Forsyte Saunders Kerman, Partner (1988-1998)
  • Lawrence Graham LLP, Partner (1998-2009)
  • Hamilton Downing Quinn LLP/ Bower Cotton Hamilton, Consultant (2009-2022)

Memberships

  • Society of Construction Law
  • Royal School of Mines Association

Education

  • Imperial College, London 1972 to 1975: BSc (Eng)(Hons) in Mining Engineering, ARSM
  • College of Law 1977

Awards

  • Overseas Mining Association Open Scholar at Imperial College.

Other

  • Author of various articles for external publications and firm’s newsletters.
  • Speaker at internal and external tailor-made seminars for clients and construction professionals including seminars on arbitration, health and safety, construction insurance and construction aspects of the Disability Discrimination Act.

Expertise

Back to top

Hillary is a highly motivated and experienced construction lawyer with an engineering background. He spent his formative years in the law as a commercial litigator and he has specialised in both contentious and non-contentious construction and engineering law since the late 1980s.

Hillary has featured as a leading individual in his field in the ‘Best of the UK’ sections of the legal directories and has been personally ranked in the Chambers Directory in which observers declared him ‘easy to work with: he listens to what you want, finds out the root of the problem and gets done what needs to be done’. Published commentaries have also credited Hillary with ‘thoughtfully planned campaigns’ and advising with ‘precisely the required balance between legal and commercial aspects’ as well as describing him as having ‘the knowledge of an academic in procurement procedure’.

Construction projects inevitably involve a whole range of legal issues touching on real estate, general commercial contracts, finance, intellectual property, insurance, etc. Hillary’s experience of handling construction projects and claims has given him the tools to look after the interests of clients with a broad spectrum of needs for legal services cost effectively and efficiently.

Hillary advises

Back to top
  • Developers
  • Contractors
  • Sub-contractors
  • Materials Suppliers
  • Professional Consultants

Experience Highlights

Back to top
  • Acted for cladding and façade materials supplier in a number of claims for payment and alleged defects related matters.
  • Acted for stonework sub-contractor in relation to disputed matters concerning major shopping centre and residential developments.
  • Drafted, advised on and negotiated materials supply contracts.
  • Advised interior design consultant on several appointments relating to high value and prestigious projects in the UK and overseas.
  • Retained by litigation funder involved in an international arbitration (governed by the UNCITRAL Rules) and $billions counterclaim against an EPC contractor relating to a project in Africa.
  • Acted for freeholder of prestigious residential development in Knightsbridge in numerous construction related issues.
  • Acted for employer in TCC proceedings in claim concerning negligent design and contract administration, ultimately concluded by mediation.
  • Acted for contractor in an adjudication over defects in M&E sub-contract works at a London high rise office building and claim for extension of time and loss and expense.
  • Acted for employers in a number of adjudications with a wide range of subject matters, including claims concerning defective and incomplete works, over-valued interim payment applications, deduction of LADs, extension of time and design liability.
  • Acted for employer in claims by contractor under ICE 6th Edition contract in connection with road by-pass.  Issues included unforeseen ground conditions, additional works/variations and consequential claims for extensions of time and loss and expense.
  • Advised on a wide range of Advised on the construction aspects of several substantial Lottery funded projects.
  • Preparation of the construction documents for numerous office, retail park and town centre developments
  • Advised on a wide range of potentially contentious matters arising during the construction phase of a number of substantial projects including town centre developments, shopping centres, retail parks, office developments and lottery funded projects.  The issues have included the full range of events that can occur on substantial projects, many of which were resolved through advice and negotiation or alternative dispute resolution.
  • Acted for well-known and major contractor in arbitration instituted by employer and in claims against sub-contractor under MF/1 Form of Contract in connection with co-generation plant following catastrophic failure of boiler in which issues included design responsibility, manufacturing defects, variations, extensions of time, liquidated damages and loss and expense.
  • Member of team acting for specialist contractor in claims for variations, extensions of time and loss and expense arising from Channel Tunnel.
  • Acted for cabling contractor on M25 project in which issues included ground conditions and exceptionally adverse weather.
  • Acted for one of the major universities in two arbitrations concerning a prestigious sports complex.  Issues included defective works, prolongation and deduction of liquidated and ascertained damages.
  • Acted for employer in the preparation of civil engineering contracts and subsequent advice in respect of claims for the construction of town bypass.
  • Advised on the construction aspects of several substantial Lottery funded projects.
  • Preparation of the construction documents for numerous office, retail park and town centre developments.

Career History

Back to top

Previous Law firms

  • Withers, Solicitor (1978 to 1986)
  • Saunders Sobell, Solicitor (1986-1988)
  • Saunders Sobell/ Forsyte Saunders Kerman, Partner (1988-1998)
  • Lawrence Graham LLP, Partner (1998-2009)
  • Hamilton Downing Quinn LLP/ Bower Cotton Hamilton, Consultant (2009-2022)

Memberships

  • Society of Construction Law
  • Royal School of Mines Association

Education

  • Imperial College, London 1972 to 1975: BSc (Eng)(Hons) in Mining Engineering, ARSM
  • College of Law 1977

Awards

  • Overseas Mining Association Open Scholar at Imperial College.

Other

  • Author of various articles for external publications and firm’s newsletters.
  • Speaker at internal and external tailor-made seminars for clients and construction professionals including seminars on arbitration, health and safety, construction insurance and construction aspects of the Disability Discrimination Act.
Testimonials