Construction

Adam has a wealth of knowledge and experience of construction disputes, including adjudication and arbitration, having completed an MSc in Construction Law (King’s) and worked previously in the construction and international arbitration departments of three international law firms. Adam has also had articles published on the topics of both construction and arbitration.  

In addition to the advising and representing clients in general construction matters, Adam also has significant experience of advising on insurance backed claims, including the provision of prospects of success and coverage advice to clients and insurers.  

Recent instruction include: 

• Represented the claimant in successful Part 8 proceedings in the TCC High Court in Grain Communications Limited v Shepherd Groundworks Limited  [2024] EWHC 3067 (TCC) about (1) the appropriateness of Part 8 proceedings for matters involving disputes of fact, (2) implying terms against those provided expressly in a contract, (3) requirements for a variation instruction, (4) limitations to the recovery of damages, and (5) the fairness of purported exclusion clauses and UCTA.
• Represented the successful party in TCC High Court enforcement proceedings regarding set off and serial adjudications CNO v Caldwell Construction Ltd [2024] EWHC 2188 (TCC).
• Representing a Defendant contractor in a multi party dispute regarding cladding defects at a state-of-the-art facility, led by David Pliener KC.
• Instructed in TCC High Court Part 7 and Part 8 proceedings relating to three connected adjudications regarding the completion of groundworks and sewage works in excess of £1.2m. Successfully settled before hearing.  
• Represented the successful party in TCC High Court adjudication enforcement proceedings with allegations of breach of natural justice raised Bexhill Construction Ltd v Kingsmead Homes Ltd [2023] EWHC 2344 (TCC) 
• Instructed to draft submissions in two adjudications for unpaid fees for a groundworker in excess of £1m. 
• Instructed in Commercial High Court proceedings defending allegations of unpaid fees of a surveyor for alleged work on a number of residential developments.  
• Instructed to advise a developer as to the purported agreement with a contractor for final account works in excess of £6.53m.  
• Instructed in High Court TCC Part 8 proceedings brought contesting the jurisdiction of the an adjudicator on the basis of the identity of the contracting parties and the incorrect appointing body.  
• Advising a developer as to the grounds for terminating a JCT contract with the contractor in respect of a development in excess of £2.5m. 
•  Advising a national developer in respect of multi-million-pound developments on the contractual interpretation and grounds upon which the agreement with the contractor could be terminated (JCT).  
• Advising a facilities management company in respect of an agreement with a national developer as to the mechanisms for overhead cost recovery, legal costs and standard of care provisions.
• Providing advice and drafting an amended defence in respect of a claim for damages for breach of contract due to a multitude of alleged defects in a newly constructed property.  
• Drafting particulars and reply in a breach of contract claim against a contractor regarding the construction of a river revetment.  
• Advising on a claim for various defects in the work undertaken by a contractor on a residential dwelling. Claim in excess of £90,000.  
• Advising a contractor as to the likely terms of an agreement/battle of the forms with a sub-contractor regarding the provision of standard terms by both parties. Also advising on pre-action disclosure.