Simone Protheroe

Simone is a pro-active, hands on negotiator who will always “get stuck in” and listen to clients’ aims.

Simone qualified in 2016 and joined Clarke Willmott from a City firm in 2018. Simone is a construction associate and covers both transactional and contentious work.

Simone works primarily in London but is a team player and covers matters nationwide with a strong presence in our Southampton and Bristol offices and also with our Manchester team.

Simone has eight years experience in the social housing sector and is the lead fee earner for transactional social housing matters in London. This work includes drafting suites of JCT contract amendments (including Design & Build, Standard Build, Minor Works, Intermediate, Prime Cost and Measured Term) negotiating flow down documents, development agreements, novations, collateral warranties and bespoke forms of contract including those for repairs & maintenance. Simone also acts in payment disputes and in relation to defects and delay with particular experience in cladding.

Since joining Clarke Willmott, Simone has been the assisting solicitor on Hinkley Point C – involved in drafting and negotiating sub-contracts, appointments and warranties based on the NEC3 format. Simone also acts for several developers in the South West, often preparing and negotiating JCT suites, ancillary documents and advising on bespoke queries including latent defects policies.

In London, Simone acts for a large international retailer and drafts bespoke framework agreements and call-off contracts.

Simone has a real interest in renewables and has acted for a large solar power contractor reviewing and amending bespoke EPC contracts. Simone has also acted for a contractor defending a large defects claim of over £1.5m in relation to a biogas plant.

Simone is the leading construction solicitor for Homes England and is growing a strong development finance practice.

Simone is particularly interested in modular housing and has amended the JCT D&B 2016 contract to suit the specific needs of these projects.

Simone is an active member of the following and regularly attends events:

• Forum for Built Environment (South West and East Anglia)
• Society of Construction Law
• National Association of Women in Construction
• Young Entrepreneurs in Property

Simone is the founding and leading representative of our London “Next gen” network and hosts bi-annual events in London.

How Simone can help you

Simone is efficient and task driven and will turn her hand to any challenge including:

• JCT contracts 2011 and 2016
• NEC3 and NEC4
• FIDIC and other EPC contracts
• Development agreements
• Development finance and due diligence
• Framework Agreements
• Collateral Warranties
• Deeds of Novation and Variation
• Appointments and sub-contracts (bespoke, RIBA, ICE or similar)
• Payment disputes
• Delay disputes
• Defects disputes

Simone has experience across several sectors including:

• Social Housing
• Repairs and Maintenance
• Renewables
• Retail
• Logistics
• House Building
• Development Finance
• Insolvency

Experience

International Architect:

• Simone was called in to assist the Manchester team on short notice to attend a meeting with the client’s director and CEO and represent them at a negotiation meeting with an NHS trust (represented by a partner) and a tier 1 contractor represented by Addleshaw Goddard. Simone had to think on her feet and negotiate a deed of novation and variation which was amending our client’s risk profile.

Homes England:

• Homes England are a large client of the firm and are the Government’s development finance arm. Matters are often particularly complex and multifaceted. Simone has spearheaded bespoke direct agreements to reflect the nuances of the transactions.

Host 2 Limited

• Simone has an increased knowledge of the NEC form of contract and often leads on negotiation conference calls on behalf of the client. Including with market leading supply contractors and well-known brand names.
• The Host matters can sit across more than one area of expertise and so Simone has broader commercial experience including GDPR, transport, IT contracts, facilities management and supply contracts.

London & Quadrant:

• Simone is the lead fee earner for construction social housing in London.
• Simone has successfully settled a payment dispute in relation to the unamended JCT Measured Term Contract 2016 and drafted a schedule of amendments to minimise the risk of further issues.
• Simone has worked on a large project with the value exceeding £100 million, which involves amendments to a template sub-contract and consultant appointment to include flow down terms from a framework agreement, development agreement and ancillary contracts (including option agreements, environmental deeds of covenant and heat supply agreements) so as to ensure our client does not breach any of its obligations under these contracts.

Coral properties – Chigwell primary School:

• Simone assists the Southampton property team in a complex property and construction matter which involved our client purchasing a site from a previous developer with the aim to construct residential units including, as part of s106 obligations, the construction of a new school.
• Simone has led the negotiations of several consultant appointments and prepared amendments to a JCT Minor Works Contract, Design & Build Contract and Standard Build contract, all of which must tie together and flow down from the development agreement.

International Solar Contractor:

• Simone has acted for an international contractor specialising in solar power plants.
• Simone has assisted in drafting complex Engineering, Procurement and Construction (EPC) and Operation and Maintenance (O&M) contracts.

Individual clients:

• Simone successfully acted for a high net worth individual in relation to a purported delay claim from an M&E contractor.
• The initial advice resulted in Simone spotting a potential “smash & grab” adjudication claim against our client as the form of contract was a JCT Construction Management Trade Contract 2011 which is a rare form to use and contained different payment provisions to the more common forms.
• Subsequently, Simone successfully settled a delay claim for circa £700k.

EnviTec (Raw Energy):

• Simone has assisted our Manchester team on a large contentious dispute for a German based renewables client This matter involves numerous allegations of defects against our client, including breaches of environmental law, and I have become the leading client contact providing consistency and advice on conference calls with senior client staff.

Recommendations