James Davison specialises in construction, engineering and commercial matters as well as in the procurement and financial arrangements that fund and support projects.
As experienced counsel he seeks to match a robustly commercial approach with the rigorous demands of document-heavy construction and commercial trials.
James Davison has practical experience of leading disputes through adjudication, arbitration and mediation.
Before joining 3PB, James worked in-house in the construction and engineering sector, working for two of the leading construction consultancy companies in the UK (Arup and Cyril Sweett) and in railway engineering projects and procurement (Jubilee Line Extension Project).
He has worked on construction projects and disputes in the Netherlands, Denmark, Malta, Italy and the USA as well as numerous high profile UK projects.
He led the team that advised the Treasury’s Office for Government Commerce on how JCT 2005, NEC3 and PPC 2000 standard form contracts measured against the Government’s Achieving Excellence in Construction Agenda.
James' guide to the JCT’s 2005 Standard Form Construction Contracts was published by the RICS and he edited a chapter of Frances Forward’s book “NEC Contracts Compared and Contrasted” published by Thomas Telford.
James’ experience as company secretary of the Fibrowatt Group (one of the UK’s foremost renewable energy businesses at that time) gave him experience of working for an innovative, entrepreneurial company that operated in a highly regulated market.
He still advises on non-contentious/drafting matters, acts as adjudicator and is an accredited mediator.
James Davison specialises in contract and commercial disputes, with a particular expertise with large construction and engineering matters and the commercial arrangements that fund and support them. He has gained from more than 10 years experience working in-house in the construction and engineering sector, working for two of the leading construction consultancy companies in the UK.
As experienced counsel he seeks to match a robustly commercial approach with the rigorous demands of document-heavy commercial and construction disputes.
James' guide to the JCT’s 2005 Standard Form Construction Contracts was published by the RICS.
He led the team that advised the Treasury’s Office for Government Commerce on how JCT 2005, NEC3 and PPC 2000 standard form contracts measured against the Government’s Achieving Excellence in Construction Agenda.
James’ experience as company secretary of one of the UK’s foremost renewable energy businesses gave him experience of working for an innovative, entrepreneurial company that operated in a highly regulated market. He has worked on construction projects in the Netherlands, Denmark, Malta, and the USA as well as numerous high profile UK projects.
James has practical experience of managing contentious matters through adjudication and mediation and advising upon the conduct of regulated procurement. He still advises on non-contentious/drafting matters.
James is an accredited mediator.
James is regularly instructed by a number of utility (gas and electricity) companies in their actions involving commercial customers (unpaid debts) particularly including instances where injunctive relief is sought by debtors at short notice.
Prior to practising at the Bar, James gained practical first-hand experience as an in-house lawyer and company secretary of one of the UK’s foremost renewable energy businesses (the Fibrowatt Group) which at the time operated three power stations and was developing several projects in the EU and USA.
He subsequently worked for two leading project management and engineering consultancies (Cyril Sweett and Arup). During his time in-house he:
Building on that experience, his recent instructions as counsel include:
James Davison specialises in construction and engineering disputes and the commercial arrangements that fund and support them.
James frequently advises builders, developers and specialist sub contractors with disputes on NEC contracts, PPC 2000 and a whole host of various JCT contracts. He has built up real experience from many of adjudications and familiarity with ADR in construction and commercial disputes.
As counsel he seeks to match a robustly commercial approach with the rigorous demands of document-heavy commercial and construction disputes.
Before entering private practice James worked in-house in the construction and engineering sector for two of the leading construction consultancy companies in the UK.
Whilst an associate at Arup he led the team that advised the Office for Government Commerce on how JCT 2005, NEC3 and PPC 2000 standard form contracts measured against the Government’s Achieving Excellence in Construction Agenda.
His experience as company secretary of one of the UK’s foremost renewable energy businesses gave him experience of working for an innovative, entrepreneurial company that operated in a highly regulated market.
He has worked on construction projects and developments around the world as well as numerous high profile UK projects. He is a member of the RICS’ ISURV editorial board for construction.
Whilst an Associate Director at Cyril Sweett he wrote “JCT 2005: What’s New” published by RICS with subsequent editions for the 2011 contracts being published online by the RICS.
He contributed a chapter to the ICE’s 2015 publication“NEC3 Compared and Contrasted” focusing on NEC consultancy contracts.
James is an accredited mediator and adjudicator and is a member of the Tecbar Adjudication Panel.
James is an Accredited Mediator (London School of Psycotherapy and Counselling).
Avantage (Cheshire) Limited and others v GB Building Solutions Limited (In Administration)
and others [2022] EWHC 171 (TCC)
Construction law barrister James Davison has reviewed the case of Avantage (Cheshire) Limited and others v GB Building Solutions Limited (In Administration) and others [2022] EWHC (TCC) for Lexis®PSL.
Curtiss and others v Zurich Insurance plc (t/a Zurich Building Guarantee and Zurich Municipal) and another [2021] EWHC 1999 (TCC)
Construction law barrister James Davison has reviewed the case of Curtiss and others v Zurich Insurance plc (t/a Zurich Building Guarantee and Zurich Municipal) and another [2021] EWHC 1999 (TCC) for Lexis®PSL.
3PB construction barrister James Davison – together with Anne Wright of Lawrence Stephens – has re-published a guide to selecting and using an expert witness in construction claims. The guide “To be or not to be an expert witness”, which was originally published in Construction Law, provides practical guidance on selecting an expert witness, and advises witnesses how to behave once appointed.
‘The expert witness’s primary duty is to help the court and this duty overrides any duty which experts may have to those who are instructing or paying them’ (see the Civil Procedure Rules 1998 (CPR) r 35.3 – ‘An Expert’s Duties’). The expert witness is not the decision maker – the role is to provide information to assist a third party – judge, arbitrator, and adjudicator – to decide a case before them. The danger of conflating the two roles has been well aired in case law. Similarly, case law on what constitutes expert evidence and what does not, and commentary on where expert evidence has gone awry, is rather too plentiful.
This excellent guide gives some background on the use of experts in construction, and provides practical pointers to both the appointment of an expert and to the expert, once retained.
3PB's James Davison, who specialises in construction and engineering disputes as well as in the procurement and financial arrangements that fund construction/development projects, analyses the decision in MBC Sefton v Allenbuild Ltd [2022] EWHC 1433 (TCC). The case has clarified some of the remaining conflicts between the Housing Grants Construction and Regeneration Act 1996 (as amended) and the Arbitration Act 1996 (AA 1996) in quite sweeping terms. This article was first published by Lexis®PSL on...
Continue readingJames Davison, 3PB’s specialist construction law barrister (pictured here) has reviewed the case of Avantage (Cheshire) Limited and others v GB Building Solutions Limited (In Administration) and others [2022] EWHC 171 (TCC) The Technology and Construction Court (TCC) refused to grant summary judgment against the claimant, in a claim brought against a fire engineering consultant in tort. The court was not persuaded that the claimant had no realistic prospect of establishing that the defendant had...
Continue reading3PB’s specialist construction law barrister James Davison (pictured here) has reviewed the case of Curtiss and others v Zurich Insurance plc (t/a Zurich Building Guarantee and Zurich Municipal) and another [2021] EWHC 1999 (TCC) for Lexis®PSL. The judgment provides a framework for the approach courts will be inclined to take when applying the new limits set out in the Disclosure Pilot; and is a must-read for all property and construction law practitioners. In the Curtiss...
Continue reading3PB specialist construction barristers James Davison, Philip Bambagiotti FCIArb and Nick Kaplan discuss the latest issues arising from cladding issues and the Grenfell Tower disaster among other cases and pertinent issues facing the construction industry. Watch the video here. Please contact Stephen Evers or Joe Townsend for further information.
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