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Barnaby Rosenthall

Director | Construction & Engineering

Barnaby is an experienced construction and engineering lawyer. He is known for his calm, solutions-focused mindset and his ability to distil complex legal issues into clear, practical advice.

Barnaby’s private practice experience spans all element of contentious and non-contentious construction and engineering matters. Barnaby has acted for and advised a wide range of stakeholders across the built environment, including developers, contractors, subcontractors, a national supermarket chain, renewable energy firms, independent connection providers and public-sector bodies.

Barnaby also has experience working as a Senior In-House Counsel at the UK’s leading facilities management and professional services company, where he worked closely with the executive leadership team, projects team and external advisors to manage exposure and deliver pragmatic, commercial outcomes.

 

Experience

Barnaby has been actively involved in all major forms of dispute resolution. His experience covers technically demanding and commercially sensitive issues, including defects and design liability, fire safety, non-payment, loss and expense, variations, delay and contract formation.

Barnaby’s private practice contentious experience includes:

  • Working as part of the legal team representing the Contractor in enforcing an adjudicator’s decision in a £3million dispute arising out of the Battersea Power Station redevelopment: Battersea Project Phase 2 Development Company Limited v QFS Scaffolding Ltd [2024] EWHC 591 TCC.
  • Acting for a Contractor in a £1 million+ damages claim following a repudiatory breach of contract during the development of a Mayfair mansion: A Draw F Limited (formerly Fairhurst Ward Abott Limited) v 25 Culross Street Investment Limited SARL [2019].
  • Acting for a national supermarket chain in pursuance of their damages claim pleaded in excess of £20 million concerning defective industrial premises.
  • Working as part of the legal team representing the interests of a Renewable Energy Firm with their multi-million pound damages claim against a Contractor arising from the construction of a renewable energy facility.
  • Successfully defending a City Council in adjudication proceedings brought by a Contractor for an extension of time award, variations and prolongation costs.
  • Successfully defending a City Council in adjudication proceedings brought by a Contractor for an alleged repudiatory breach of contract arising from the Council’s omission of works.
  • Successfully pursuing an adjudication on behalf of an Employer against an Architect for failure to exercise reasonable skill and care during a substantial refurbishment project in Edinburgh.
  • Acting for a North East based charity in settling a dispute relating to poor workmanship and defective design of respite accommodation.

Barnaby is experienced in advising clients on a wide suite of construction documentation, including framework agreements, bespoke and industry standard forms of building contracts (JCT, NEC, FIDIC), professional appointments, collateral warranties, letters of intent and letters of reliance.

Barnaby’s recent non-contentious experience includes acting for:

  • The Inn Collection Group across all of their hotel refurbishment and development projects in the lake district, Tyneside, Yorkshire and North Wales.
  • A North East Police Force in relation to negotiation of a building contract for the development of a new custody suite.
  • Preparing and negotiating Balance of Plant and Independent Connection Provider Contracts for a national High Voltage Electrical Engineering Company.
  • A national roofing services provider in preparing and negotiating remedial works contracts for private and public sector clients.

Barnaby’s in-house experience includes:

  • Leading high-value, multi-party disputes and claims (including adjudication), from early strategy formulation to negotiating settlements.
  • Advising on standard form construction contracts and bespoke amendments, including risk allocation, change control and payment mechanisms.
  • Supporting project, commercial and operational teams with pragmatic, commercially-focused legal advice under pressure.
  • Managing external counsel and experts, controlling cost and ensuring aligned legal strategy.
  • Producing clear, senior-level briefings for directors on legal risk, dispute exposure and resolution options.

Expertise: Sectors

Built Environment

Expertise: Services

Built Environment

Businesses