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Barnaby is an associate within the Construction and Engineering Team.

He specialises in both contentious and non-contentious construction and engineering matters.

Barnaby has acted for a wide variety of construction and engineering clients including developers, contractors, sub-contractors, local governments, housing associations, a police force and a national supermarket chain.

Barnaby has developed particular expertise in the hospitality sector and takes a leading role in managing and drafting the construction contracts and associated documentation for a national hospitality and pub company across all of their sites across the UK.

He regularly advises clients on industry standard  (JCT and NEC) forms of contract, bespoke forms of contract and the frequently used international standard forms for engineering projects, including FIDIC (yellow and silver books). He has experience in drafting, reviewing and negotiating amendments to standard form building contracts, framework agreements, professional appointments and collateral warranties.

Barnaby has also been actively involved in all types of dispute resolution on behalf of claimants and defendants including litigation primarily in the London Technology and Construction Court, adjudication, mediation and arbitration. The subject matter of his dispute experience is varied and includes high value complex industrial and residential defects and design issues, non-payment, fire safety claims, loss and expense, variations, extensions of time and contract formation.

Experience

  • Acting for Inn Collection Group across all of their hotel refurbishment and development projects, including most recently The Pheasant Inn (Bassenthwaite); The Black Swan Inn (Helmsley); The Bamburgh Castle Inn; The Park Hotel (Tynemouth); and The Ripon Spa Hotel;
  • Preparing a construction contract for the £20million development of a new custody suite for a North East Police Force and advising on the compilation of the necessary contract documents.
  • Negotiating and drafting a deed of variation to a large framework agreement for a national supermarket chain with one of their contractors.
  • Preparing tailored advice and continued support to a national social housing provider in relation to cladding and fire compartmentation issues.
  • Acting for a national supermarket chain in London TCC proceedings in pursuance of their damages claim against four defendants concerning the defective design and construction of large scale industrial premises.
  • Representing an insolvent contractor in respect of Part 8 proceedings to a four day Trial in 2019 and assisting to pursue the subsequent damages claim concerning the redevelopment of a Mayfair mansion (Fairhurst Ward Abbotts Ltd (in administration) v 25 Culross Street Investments Ltd SARL [2019] EWHC 1697 TCC).
  • Representing the interests of an international renewable energy firm with their damages claim against a contractor arising from the defective design and construction of a biomass plant.
  • Acting for a Scottish employer in adjudication proceedings brought against an architect for failure to exercise reasonable skill and care during a substantial residential refurbishment project.
  • Assisting a Police Force in pursuing a damages claim against a national contractor concerning the defective construction at a training facility.
  • Representing a North East based charity in settling a dispute relating to poor workmanship and defective design of respite accommodation.

Expertise: Sectors

Built Environment

Expertise: Services

Built Environment

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