David specialises in domestic and international construction and engineering projects. He has advised on a broad range of projects including high-value residential development/refurbishment, offices, universities, laboratories, football stadia, data centres, hotels, art galleries and hospitals. In addition to advising on traditional construction projects, he also has experience of major civil and rail engineering projects which have included the West Coast Route modernisation programme and the Channel Tunnel Rail Link.
David’s dispute resolution experience ranges from multimillion-pound engineering, target cost and PFI disputes to more traditional disputes involving defects, delay, termination and insolvency.
David has a particular focus on the non-contentious aspects of projects. His expertise ranges from general procurement strategies and choice of standard/bespoke contract through to drafting amendments and other project documentation such as bonds, guarantees, warranties and escrow agreements. David is experienced in all the most common forms of building and engineering contract including JCT, ICE, GC/Works, FIDIC, M/F, IChemE and NEC. Drawing on his previous in-house experience David also works closely with project teams on site advising on issues as they arise and ensuring that the scope for disputes at a later stage is minimised.
Examples of David’s expertise include:
- advising a joint venture on a major Crossrail tunnelling contract. Advice includes project team training, negotiating key subcontract packages and professional appointments, and ongoing project support/dispute avoidance;
- advising a main contractor in relation to a £120m refurbishment of a hotel;
- advising a main contractor in connection with the extensive £75m refurbishment of a major bank;
- advising a specialist main contractor in connection with data centre projects (values £20m to £40m);
- advising the employer and contractor in connection with high end residential projects (values £1m to £80m);
- advising a fit-out contractor on a £500k retention of title dispute following the insolvency of the employer;
- advising a private individual on a £13m residential refurbishment following the insolvency of the main contractor. Advice includes restructuring the contractual arrangements, negotiating to employ trades direct and dealing with the administrator’s and subcontractors’ claims;
- drafting and negotiating the main building contract, professional appointments and associated funding aspects for major mixed use developments in Bristol and Cardiff. Ongoing project team support role throughout construction including re-financing, dispute avoidance/management and advice following a flood on site;
- involvement in the development of a new stadium for a premiership football club concentrating mainly on construction aspects of the development agreement and associated funding requirements.
David is a regular speaker at Fenwick Elliott’s seminars and provides in-house seminars and training for clients and industry bodies such as the CIOB. He also speaks at industry events which have included Sweet & Maxwell’s Construction Law Conference, IBC’s International Construction Contracts and Conflict Management conference and LexisNexis Bonds and Guarantees Webinar. A number of David’s articles and conference papers are available on the Fenwick Elliott website.
- member of the Society of Construction Law.