Technology & Construction
Seb has experience in bringing and defending construction claims in various fora, and has developed particular experience in claims against construction professionals.
He routinely advises in relation to disputes arising under the common-form contract suites (in particular JCT and NEC contracts), and acts for parties in adjudications under the 1996 Act and the enforcement of adjudicator awards.
Typical recent cases include:
- Professional negligence claim against architects arising from deficient design, project management, and cost control, of garden redesign project
- Acting for the employer in defending a neighbours’ claim arising from an escape of fire from a construction site, and in parallel contribution proceedings against the main contractor
- Advising a local authority in respect of claims arising from defective concrete structures in public car park
- Professional negligence claim against architects arising from deficient design for the refurbishment of a residential care home
- Advising company directors defending claims under housebuilder scheme (Zurich Insurance; NHBC) indemnity agreements
- Bringing claim against a mechanical and electrical sub-contractor, based on defective installation of gas pipes
- Defending professional negligence claims arising out of geotechnical ground investigations
- Various construction claims relating to payment disputes, extensions of time and associated compensation claims, and disputed final accounts.
- Acting for/against nationwide house-builders in defects claims brought by purchasers
Seb is a contributing author to the Royal Institute of Chartered Surveyors’ ISurv platform, providing practitioner-focussed legal analysis and updates.
Noteworthy and recent cases (Technology / Construction)
Burgess v Lejonvarn  EWCA Civ 254 (professional negligence claim against architect; assumption of responsibility in tort for design and project management services provided gratuitously)
Seeney v. Gleeson Developments Ltd  EWHC 3244 (TCC),  All ER (D) 143 (Nov)
West 3 Mechanical Contractors Ltd v Mizen Design Build Ltd  All ER (D) 40 (defence of contractor’s claim for payment, centring on defective installation of gas installation pipework)
Hunt and Ors v. Optima (Cambridge) Ltd and Anor  EWHC 681 (TCC), (2013) 148 ConLR 27 (defects and tenants’ repair claim arising out of the development of 26 new-build properties)
JGD Construction Ltd v. Mills  EWHC 572 (Ch),  BPIR 811 (appeal considering the extent to which the court has a discretion to make a final third party debt order, notwithstanding the fact that the judgment debtor has entered formal insolvency proceedings)
Contributing author to the Royal Institute of Chartered Surveyors’ ISurv platform (chapters on “Regulated Public Procurement in the UK”, and on the 2011 amendments to the JCT Intermediate contracts).
“Extensions of Time and Damages for Delay - Recent Developments” Paper D148 presented to the Society of Construction Law (October 2012)
- Member of the Society of Construction Law
- Member of TECBAR (The Technology and Construction Bar Association)