Litigation

Scope and Content

This section of the archive comprises papers relating to Peter Rowe's involvement as an expert witness in a large number of civil engineering projects in Britain and abroad that gave rise to claims and disputes. Cases relate to the construction of roads, hospitals, factories, housing schemes, gas pipelines, sewerage schemes, waste treatment works, pumping stations and landfill sites. The section has been divided into two sub-sections, Pre-Litigation Claims (PWR/4/5/1-65), and Arbitration (PWR/4/5/66-109). Within each sub-section the material is arranged alphabetically by project, geographical location, or company name, as appropriate.

The Pre-Litigation Claims sub-section consists mostly of contractual claims for the recovery of additional costs incurred during construction and civil engineering projects. Claims were usually made by contractors against their clients or consulting engineers for the recovery of additional costs incurred when, for example, unexpected ground conditions were encountered during the construction phase of a project. There are also cases relating to the failure of structures during or after construction, accidental damage to other properties during construction, insurance claims, and issues of negligence. Rowe acted as an expert witness in such cases.

The Arbitration sub-section largely comprises cases that began as claims which could not be resolved and later went to court or to arbitration. Rowe was often called upon to act as an expert witness and occasionally as a mediator in such cases. If the outcome of a case is known, this has been noted in the catalogue entries. The range and type of cases are very similar to those in the preceding section. There is indeed some overlap between the two sections as it is sometimes unclear whether the case went to court or not, and arbitration disputes also occur in Pre-Litigation Claims.

The material covers claims and cases in the United Kingdom and abroad, in a wide range of locations, such as HMS Warrior in Portsmouth Dockyard; the Burrator to Liskeard gas pipeline in Cornwall; Swansea Bay Bathing Water Improvement Scheme; the Gateway Project in Singapore; Queens Road in Hong Kong; and a tunnel project in Kenya. Finally, the Clyde Bank Shipyard papers were used as a case study for anchored sheet piled walls in Rowe's lectures.

Related Material

There are overlaps between the Litigation section as a whole and other sections of the archive. For example, the Reservoirs and Dams series (PWR/4/2/1) includes the Brenig Dam Claim, and the Carsington Reservoir post failure legal case. The Other British Construction Projects series (PWR/4/2/7) contains material on the Aberfan Tip Disaster case. The Offshore Structures series(PWR/4/4) includes the Bahamas Marine Structure arbitration case. Mr Den Dover, a former student of Peter Rowe and MP for Chorley in Lancashire, was involved in opposition to the Ulnes Walton Tip Landfill Site arbitration case (PWR/4/5/104), and he also features in three projects in the Other British Construction Projects series (PWR/4/2/7).