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Barnaby is an associate within the Construction and Engineering Team, with a particular focus on contentious construction matters.

He supports the team on contentious and non-contentious construction and engineering matters.

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

He is 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 industrial and residential defects and design issues, non-payment, loss and expense, variations, extensions of time and contract formation.

He has a working knowledge of the standard British form contracts, specifically the JCT and NEC together with the frequently used international standard forms for engineering projects, such as 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.

Prior to transitioning into his current role as a construction and engineering solicitor, Barnaby had over seven years’ of prior experiencing within healthcare litigation and catastrophic injury work where he acted for international insurer clients and their insured companies in defending multi-million pound claims brought in the High Court.

Experience

  • Representing an Insolvency Practitioner acting on behalf of an insolvent contractor in respect of the declaration proceedings to a Trial in 2019 and assisting to pursue the subsequent damages claim following a repudiatory breach of contract during the redevelopment of a Mayfair mansion (Fairhurst Ward Abbotts Ltd (in administration) v 25 Culross Street Investments Ltd SARL [2019] EWHC 1697 TCC).
  • 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.
  • Assisting to represent 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.
  • A Scottish employer in adjudication proceedings brought against an architect for failure to exercise reasonable skill and care during a substantial residential refurbishment project in Edinburgh.
  • Representing a Scottish employer in adjudication proceedings brought against an architect for failure to exercise reasonable skill and care during a substantial residential refurbishment project in Edinburgh.
  • Assisting a Police Force in pursuing a damages claim against a national contractor concerning the defective construction at a training facility.
  • Advising a Police Force on issues arising from the COVID-19 pandemic, including force majeure clauses, extensions of time and termination of contractors.
  • Advising a Local Improvement Finance Trust as to the merits of pursuing claims for breach of contract and in negligence arising out of defective fire stopping installed across their portfolio of properties.
  • Negotiating and drafting a deed of variation to a large framework agreement for a national supermarket chain with one of their contractors.

 

Expertise: Services

Built Environment

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