Building and Construction

From simple money claims to complex delay and disruption claims during my time in consultancy I was at the sharp end. I understand the myriad ways in which these disputes start and develop. I have first hand knowledge of the employer, architect, consultant, contractor and subcontractor relationships, which must be taken into account to resolve disputes.

• Quality and defects claims;

• Delay and disruption claims;

• Valuation and payment disputes;

• Collateral warranty issues; and

• Professional negligence matters.

Reported Case

Elanay Contracts Limited -v- The Vestry [2001] BLR 33.

A case concerning the enforcement of an adjudicator’s award in the Technology and Construction Court; resisted on grounds of (1) issue estoppel, (2) restitution (the risk being that the money would be dissipated) and (3) article 6 of the European Convention on Human Rights. It was decided that: summary judgment proceedings did not lead to issue estoppel; dissipation of money did not preclude a claim in restitution; and article 6 was not engaged.