NEW TEMPLE CHAMBERS. Commercial, Chancery and Construction Barristers CONSTRUCTION LAW AND DISPUTE RESOLUTION BARRISTERS

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1 NEW TEMPLE CHAMBERS Commercial, Chancery and Construction Barristers CONSTRUCTION LAW AND DISPUTE RESOLUTION BARRISTERS

3 Contents 3 About Us Instructing Chambers Construction Law Construction Adjudication Construction Litigation Arbitration Mediation Testimonials & Comments

4 NEW TEMPLE CHAMBERS Commercial, Chancery and Construction Barristers 4 About Us

5 About Us 5 Welcome New Temple Chambers is a specialist set of Barristers Chambers situated in the heart of legal London adjacent to Chancery Lane station. Chambers is within a few minutes walk from the Technology and Construction Court (TCC). Chambers specialist practice areas include construction law, construction adjudication, arbitration, mediation and construction litigation. Chambers provides first class legal advice, drafting and advocacy. Chambers has significant legal expertise and knowledge in the resolution of complex construction and engineering disputes. Members of Chambers provide an outstanding service to their clients. Team New Temple Chambers is led by the Head of Chambers, Charles Edwards, who is a first class construction law and dispute resolution Barrister, an accredited TECBAR Adjudicator and a TECBAR Dispute Board Member on TECBAR s panel of Adjudicators and Dispute Boards. With the increased complexity of construction and engineering projects, it is fundamental that lawyers have a greater understanding of clients objectives and the construction industry. Charles has over 19 years experience working in the construction industry and has an excellent understanding of how business is conducted within the industry. This is of significant benefit to his clients. Charles was called to the Bar of England and Wales in 2002 by the Honourable Society of the Middle Temple, is a member of the Technology and Construction Bar Association, has a Master s Degree from King s College London in Construction Law and Arbitration and a Master s Degree from the University of Cambridge (Departments of Engineering and Architecture). Charles Edwin Edwards MSt(Cantab) MSc(Lond) Head of Chambers Barrister I TECBAR Adjudicator I TECBAR Dispute Board Member

6 NEW TEMPLE CHAMBERS Commercial, Chancery and Construction Barristers 6 Instructing Chambers

7 Instructing Chambers 7 Instructing Members of Chambers Members of Chambers accept instructions from: - Construction and Engineering Organisations - Contractors - Sub-contractors - Employers - Architects - Consulting Engineers - Private Quantity Surveyors - Claims Consultants - Developers and Investors - Government Organisations - Solicitors - Corporate Clients - International Organisations - Financial Organisations and Banks - Members of the public Sectors - Building - Civil Engineering - Infrastructure - Mechanical and Electrical - Power/Energy - Education - Residential - Commercial - Sports - Maintenance - Industrial - Rail - Housing

8 NEW TEMPLE CHAMBERS Commercial, Chancery and Construction Barristers 8 Construction and Engineering Law Services The Construction and Engineering Team provide expert legal advice, drafting and representation in the following areas: Contract Review/Appraisal Payment and valuation disputes Final account disputes Construction Law Extensions of Time/Loss and Expense disputes Variations or Compensation Events disputes Liquidated and ascertained damages (LAD s) Defective work disputes Design liability disputes Practical Completion disputes Drafting construction contacts and all ancillary documentation (e.g. collateral warranties, novation agreements and consultants agreements) Adjudication Arbitration Mediation Enforcement of Adjudicator's decisions in the High Court (TCC) Representation in Technology and Construction Court (High Court) at Trial, Appeals in the High Court, Court of Appeal and the Supreme Court

9 Construction Law 9 Construction Law Experience NEC3 Contract Payment Dispute (major UK national project NEC3 Contract) Advised on the legal strategy to be adopted under an amended NEC3 Contract in relation to the recovery of outstanding payments on a major national project. High Court Proceedings Payment and Final Account Dispute//Winding-up Petition Insolvency (JCT Contract) Advised on a payment and final account dispute under a bespoke JCT Subcontract. This involved issues of non-payment, a proposed winding-up petition in the High Court and the legal strategy to be adopted. JCT Design and Build Contract Drafting a Guaranteed Maximum Price Contract Advised and drafted amendments to a JCT Design and Build contract for use on a major new build city centre residential development in order to achieve a Guaranteed Maximum Price Contract (GMP). With these amendments, it was found by the High Court on appeal of the Arbitrator s decision to be a Guaranteed Maximum Price Contract. The High Court stated (about the amendments drafted by Charles): The provisions of art 10 in my judgment very clearly allocate the burden of unforeseen or unknown risks Services - Legal Advice - Contract Review/Appraisal (including NEC3, JCT, ACA PPC, GC/Works, FIDIC, IMechE, IChemE or bespoke construction contracts) - Payment and interim valuation disputes - Final account disputes - Variation or Compensation Event disputes - Extensions of time/loss and expense disputes - Liquidated and ascertained damages - Defective work disputes - Design liability disputes - Practical completion disputes - Drafting construction contacts and all ancillary documentation - Adjudication - Arbitration - Mediation - Enforcement and/or resisting the enforcement of an Adjudicator's Decision - Representation in the County Court, High Court (TCC), Court of Appeal and the Supreme Court

NEW TEMPLE CHAMBERS Commercial, Chancery and Construction Barristers 10 Construction and Engineering Law Services The Construction and Engineering Team provide expert legal advice, drafting and

10 NEW TEMPLE CHAMBERS Commercial, Chancery and Construction Barristers 10 Construction and Engineering Law Services The Construction and Engineering Team provide expert legal advice, drafting and representation in the following areas: Contract Review/Appraisal Payment and valuation disputes Final account disputes Construction Adjudication Extensions of Time/Loss and Expense disputes Variations or Compensation Events disputes Liquidated and ascertained damages (LAD s) Defective work disputes Design liability disputes Practical Completion disputes Drafting construction contacts and all ancillary documentation (e.g. collateral warranties, novation agreements and consultants agreements) Adjudication Arbitration Mediation Enforcement of Adjudicator's decisions in the High Court (TCC) Representation in Technology and Construction Court (High Court) at Trial, Appeals in the High Court, Court of Appeal and the Supreme Court

11 Construction Adjudication 11 Construction Adjudication Experience Services Adjudication Payment Dispute (Top 5 UK Contractor) Infrastructure Works Acted for the Referring Party (a top 5 UK Construction Company) in adjudication proceedings against a large multi-national plc. This involved setting out the overall legal strategy to be adopted in the adjudication based on a sound understanding of the client s objectives and implementing the same in what proved to be a successful adjudication. Adjudication - Payment and Final Account Dispute (Building Works) Acted for the Referring Party (main contractor) in adjudication proceedings in connection with a payment and final account dispute with regard to a new build restaurant, offices and industrial buildings. This matter involved non-payment, alleged defective works and the unlawful deduction of liquidated damages. This matter was settled following the preparation of the Referring Party s Referral and a meeting between the parties. Adjudication Payment and Final Account Dispute (Mechanical & Electrical Works) Acted for the Responding Party (main contractor) in adjudication proceedings in connection with complex mechanical and electrical works. This matter was successfully settled following an Adjudication. - Legal Advice - Setting out the overall legal strategy to be adopted in order to achieve the best possible outcome in Adjudication - Preparation of Notice of Adjudication - Preparation of submissions on Jurisdiction - Preparation of Referral - Preparation of Response - Preparation of Reply - Preparation of any further submissions - Advocacy at the hearing - Analysis of documentary evidence - Drafting witness statements - Enforcement of an Adjudicator s Decision in the High Court (TCC) - Resisting the enforcement of an Adjudicator s Decision in the High Court (TCC) - Applications in the High Court - Representation at Trial in the High Court (TCC) - Representation in the Court of Appeal and the Supreme Court

NEW TEMPLE CHAMBERS Commercial, Chancery and Construction Barristers 12 Commercial Litigation Experience Services Insolvency High Court Acted in a cross border insolvency matter before Legal advice,

12 NEW TEMPLE CHAMBERS Commercial, Chancery and Construction Barristers 12 Commercial Litigation Experience Services Insolvency High Court Acted in a cross border insolvency matter before Legal advice, drafting and advocacy in the following areas: - Company law the Bankruptcy and Companies Litigation Court (High Court) - Partnerships involving judgment, costs issues and seeking leave - Joint venture to Appeal. Advised on insolvency and proposed winding-up petition in the Chancery Division (Companies Court) against a large UK public limited company. - Supply of goods and services - Insolvency - Professional negligence - Insurance Professional Negligence Permission to Appeal from (County Court) Advised and acted in a Permission to Appeal - Arbitration (Applications in the High Court) - International commercial law matter in the County Court against a firm of Solicitors for breach of fiduciary duty, failure of the solicitors to account for monies received, breach of contract and damages. - - Representation in the County Court. Representation in the High Court. - Court of Appeal and the Company - County Court Supreme Court Advised and acted for a company director regarding a dispute between directors over the company s assets. Partnerships County Court Advised and acted in a partnership dispute for a business owner in the County Court involving ownership of two different businesses. This matter involved disputes over the terms of the partnership agreement, breach of contract and loss of profits.. Construction

13 Construction Litigation 13 Construction Litigation Experience Services High Court Payment Dispute (Proposed - Legal Advice Trial in the TCC) - Advice on pre-action conduct Drafted statements of case in connection with - Advice on the merits of the negligent surveys for the construction of a new claim industrial building. This involved breach of contract - Advice on settlement, Part 36 and the failure to exercise reasonable skill and offers and Alternative Dispute care, non-payment and damages. Resolution High Court (TCC) Enforcement of an - Drafting statements of case Adjudicator s decision - Analysis of documentary Advised a proposed claimant on the enforcement evidence of an Adjudicator s decision in the High Court. - Drafting witness statements - Advice on instructing an expert High Court (TCC) Enforcement of an witness Adjudicator s decision - Applications for interim Advised the proposed defendant on resisting the remedies enforcement of an Adjudicator s decision in the - Application for summary High Court (TCC). judgement and strike out County Court Trial Payment Dispute Acted in a trial on behalf of a claimant in connection with construction works in central London. This matter involved breach of contract, non-payment, variations and defective works Representation at the case management conference Representation at the pre-trial review Representation at trial in the County Court Trial Payment Dispute County Court and High Court Advised a defendant in connection with a trial - Applications in the High Court involving a payment dispute on an educational in connection with Adjudication building. This involved advice on pre-action and Arbitration conduct, the merits of the claim, settlement, - Appeals in the High Court, advice on the evidence, breach of contact and Court of Appeal and Supreme damages. Court

14 NEW TEMPLE CHAMBERS Commercial, Chancery and Construction Barristers 14 Arbitration

15 Arbitration 15 Arbitration Experience Arbitration Payment Dispute Advised an Employer in connection with a payment dispute and an arbitration agreement included in a JCT Building Contact on a major new build development and the interpretation of the dispute resolution provisions included within the construction contract between the parties. Arbitration - High Court Payment Dispute Acted for an international company with regard to a payment dispute in the High Court (Queen s Bench Division) which involved applications under section 9 of the Arbitration Act 1996 to stay legal proceedings commenced against the company. This matter involved international commercial law, the validity of an arbitration agreement, breach of contract and the jurisdiction of the High Court in England and Wales. Arbitration Professional Negligence Acted for a firm of solicitors in a proposed arbitration involving an insurance dispute against the firm for alleged negligence. This matter involved advising on the arbitration agreement, material non-disclosure by the firm and the circumstances in which the policy holder may be denied cover by the underwriters. Services - Legal Advice - Setting out the overall legal strategy to be adopted in order to achieve the best possible outcome in Arbitration - Legal advice on the merits of the claim - Analysis of the evidence - Advising on the evidence - Drafting statements of case - Attendance and advocacy at the arbitration hearing - Presenting written and oral arguments - Advising on the enforcement of an Arbitrator s Award - Advising on appeal of an Arbitrator s Award in the High Court - Applications to the High Court in support of the arbitration process (if necessary) - Appeals in the High Court, Court of Appeal and the Supreme Court

16 NEW TEMPLE CHAMBERS Commercial, Chancery and Construction Barristers 16 Mediation

17 Mediation 17 Mediation What is Mediation? Mediation is an effective method of alternative dispute resolution (ADR). It is an informal, private, non-binding and voluntary process whereby disputes, in particular construction disputes between parties are resolved by a third party neutral commercial mediator. The mediator will assist the parties to reach an agreement. Mediation of Construction Disputes Most construction disputes are complex and the use of mediation to resolve construction disputes has increased significantly over the years. The Technology and Construction Court (TCC) actively encourages the use of Alternative Dispute Resolution, which includes mediation for the resolution of construction disputes. Mediation Payment Dispute Advised a Sub-contractor during the pre-action conduct stage of litigation proceedings in connection with a payment dispute. This included advice on the strategy to be adopted in order to achieve the best possible outcome in mediation. Services - Legal Advice - Setting out the legal overall strategy to be adopted in mediation in order to achieve the best possible outcome - Advice on selecting an appropriate Mediator - Advising on the Mediation Agreement - Legal advice on the merits of the dispute - Analysis and advice on the evidence - Attendance and advocacy at the mediation hearing - Drafting Settlement Agreements Mediation Payment Dispute Advised on a proposed mediation in connection with the non-payment of construction works under a JCT contract, breach of contract, defective works, practical completion and proposed liquidated damages

18 NEW TEMPLE CHAMBERS Commercial, Chancery and Construction Barristers 18 Testimonials & Comments

19 Testimonials & Comments 19 Director (Top 5 UK Contractor)...in a recent adjudication conducted against a large multi-national corporation... Charles was instrumental in putting together the adjudication documents and dealing with all correspondence from the opposing side s solicitors...in an adjudication that proved to be very successful in its conclusion...i have no hesitation in recommending Charles to others and...look forward to working with him in future... Commercial Director...I worked with Charles on a number of complex construction disputes and found his grasp and in-depth knowledge of construction, construction law and dispute resolution to be second to none... High Court Judge, Queen s Bench Division...Counsel for the Claimant s skeleton argument was excellent... Keynote Speaker on Dispute Resolution Olympia London Exhibition Centre Charles Edwards, Head of Chambers, following an invitation, gave the Keynote speech on Dispute Resolution at the T10+ Business Show at Olympia London

Contact Us NEW TEMPLE CHAMBERS 1 st Floor Holborn Gate 330 High Holborn London WC1V 7QT Tel: +44 (0)207 203 8468 Office hours: 8:30-17.

20 Contact Us NEW TEMPLE CHAMBERS 1 st Floor Holborn Gate 330 High Holborn London WC1V 7QT Tel: +44 (0) Office hours: 8: (Monday to Friday) Outside office hours and weekends: By appointment only charles.edwards@newtemplechambers.com

David Johnson PRACTICE CONSTRUCTION, ENGINEERING AND INFRASTRUCTURE INTERNATIONAL ARBITRATION. Call Date: 2010 //

David Johnson PRACTICE CONSTRUCTION, ENGINEERING AND INFRASTRUCTURE INTERNATIONAL ARBITRATION. Call Date: 2010 // David Johnson Call Date: 2010 // djohnson@atkinchambers.com CONSTRUCTION, ENGINEERING AND INFRASTRUCTURE PROFESSIONAL NEGLIGENCE JURISDICTION DISPUTES AND CONFLICT OF LAWS GENERAL COMMERCIAL PRACTICE David