Wynter O’Connor

Wynter is an experienced commercial litigation solicitor, having practiced in the field since she qualified in Ireland in 2008. Wynter is now a member of our Construction and Engineering team advising clients in both the public and private sector. She provides straight-talking and practical advice in both contentions and non-contentious construction law matters.

Wynter advises in relation to all construction-related disputes including claims for extensions of time, loss and expense, applications for payment, final account disputes and defective works/allegations of negligence. Her dispute resolution experience includes advising clients through negotiation, mediation, adjudication, and, where necessary, court proceedings, particularly in the Technology and Construction Court.

Wynter has acted in a number of adjudications including payment disputes and more complex claims in relation to breach of duty and negligence.

Wynter’s non-contentious experience includes reviewing, negotiating and drafting of building contracts, appointments, collateral warranties and framework agreements, particularly using the JCT and NEC forms of contract.

Examples of work which Wynter has advised on include:

• Acting for a public body in relation to multiple construction defects arising pursuant to an NEC contract following the construction of a large leisure centre.
• Advising a public body in relation to latent defects following the construction of a multi-storey car park.
• Acting for an employer in an adjudication followed by enforcement proceedings in the Technology and Construction Court.
• Advising on a schedule of amendments to the JCT Design & Build Contract 2016 for a major development project for student accommodation.

Notable cases

Metropolitan Borough Council of Sefton (MBC Sefton) v Allenbuild Ltd [2022] EWHC 1433 (TCC)

Wynter acted on behalf of MBC Sefton in its successful adjudication award to the tune of over £2m and also in its successful enforcement proceedings in the TCC.

The case is of significant importance with regards to the ‘pay now argue later’ principle asserted by Parliament through the Construction Act and it demonstrates the courts’ continued support for the use and enforcement of temporarily binding adjudication awards. It is also a clear example of how the courts continue to give the provisions of the Construction Act primacy when consideration is given to the interface between legislation and contractual rights.