University of Notre Dame Wins Property Dispute Case in London

London – August 4, 2016 – Cooley advised the University of Notre Dame in England ('UND') in successfully resisting the challenge in the English courts of construction management firm ZVI Construction Co LLC ('ZVI') to the determination of an expert that it was liable to UND for defects in the renovation of student housing.

Following an expert determination, in which ZVI and TJAC were found liable for the defects, ZVI attempted to gain multiple declarations from the English Court in support of an injunction to prevent UND from taking steps to enforce any aspect of the liability finding against it on the basis that the expert had no jurisdiction to render such a determination.

The Cooley team successfully argued UND's case, which included the argument that having participated fully in the alternative dispute resolution process, ZVI was prevented from then disputing the expert's jurisdiction on the basis that it was displeased with the result.

The Judge, Mr. Stephen Furst QC sitting as a Deputy High Court Judge, stated that: "a contract containing a clause providing for disputes to be decided by an expert can… confer jurisdiction on such an expert where otherwise there would be none." The Judge held that an estoppel by convention was established, preventing ZVI from arguing that the prior and future expert determinations on the quantum were outside the jurisdiction of the expert.

"I am delighted that ZVI's challenge to its liability under the expert determination process has been rejected by the Court, and that our client can now look forward to being appropriately compensated in that process for the losses it has suffered on account of the defects to the renovations it contracted ZVI to carry out," said Laurence Harris, London-based Cooley litigation partner.

The Cooley team advising UND on the challenge in the UK courts included Harris, Henry Stewart and Harriet Swan, with Joanne Elieli assisting Harris in the expert determination.

About Cooley LLP

Clients partner with Cooley on transformative deals, complex IP and regulatory matters, and high-stakes litigation, where innovation meets the law.

Cooley has 900 lawyers across 12 offices in the United States, China and Europe.

Press Coverage:

"Mass. Co. Can't Ax Liability Finding in Student Housing Row," Law360

"1st Circ. OKs Appeal Of Notre Dame Faulty Construction Award" Law360

"English Liability Determination Can Be Enforced, Court Told," Law360

"Court Backs English Liability Ruling Sought By Notre Dame," Law360

"Notre Dame Beats Subpoena in $9M London Building Dispute," Law360

"Notre Dame Seeks to Force Builders to Reveal $7M in Assets," Law360

"Builders Want Wall Around Assets in $7M Notre Dame Dispute," Law360

This content is provided for general informational purposes only, and your access or use of the content does not create an attorney-client relationship between you or your organization and Cooley LLP, Cooley (UK) LLP, or any other affiliated practice or entity (collectively referred to as “Cooley”). By accessing this content, you agree that the information provided does not constitute legal or other professional advice. This content is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction and you should not act or refrain from acting based on this content. This content may be changed without notice. It is not guaranteed to be complete, correct or up to date, and it may not reflect the most current legal developments. Prior results do not guarantee a similar outcome. Do not send any confidential information to Cooley, as we do not have any duty to keep any information you provide to us confidential. This content may be considered Attorney Advertising and is subject to our legal notices.