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Ben Quiney QC

Call 1998 • QC 2014

"clever, practical and easy to work with."
(Legal 500 2016)

Construction & Engineering

Ben has wide experience in construction disputes including trial work in the TCC, Arbitrations (domestic and international), and Adjudications. He has dealt with cases for both employers and contractors. Ben regularly works on insurance issues arising from construction projects, including claims under CAR, PI, Property, and Liability policies.

Ben has wide experience of arbitrations and has acted in ICC, DIA, LCIA, LMAA, ARIAS, SIAC, and ad hoc arbitrations.

Ben has particular experience in cases involving construction professionals. The cases that he has been involved in have included allegations against professionals including architects, engineers, M&E Consultants, and quantity surveyors. Ben has experience of most standard form contracts, including JCT, ICE, NEC, FIDIC, and professional terms (such as ACE, RIBA, RICS). In the latest edition of Chambers and Partners he is identified as a Leading QC in Construction Professional Negligence.

Selected Cases

  • Waterside Developments v Thomas Barnes & orsBen is acting in the TCC for engineers involved in the construction of a large wharf side development in Manchester. The multi-party dispute raises interesting questions as to the inter-relationship of engagements and damages (BLM).
  • Blue Manchester v North West – Ben is acting for the leaseholder in a long running dispute concerning the construction and management of a landmark building in Manchester. It raises complex issues on landlord and tenant claims, engineering of facades, and the scope of allegedly necessary remedial works (JMW).
  • Carillion Construction Ltd v Woods Bagot Europe Ltd [2016] B.L.R. 382 & [2017] BLR 203 – Ben acted for Defendant engineers in a £multi-million claim arising from an alleged failure to design services of the Rolls Building. Complicated allegations of law relating to the interpretation of contracts and settlement agreements arose, in addition to significant technical matters of acoustic engineering and delay analysis. It also featured a number of preliminary arguments, including resolution by the Court of Appeal of key uncertainties relating to delay analysis. (BLM).
  • Broom v Fluid – Ben acted for engineers in a claim arising from a private development that appeared on the “Grand Designs” programme and is alleged to require significant remedial works. This is a multi-million pound dispute that raises very difficult engineering issues as it is an “iceberg” house sunk into a small area of land in North London. Difficult questions of scope of duty, technical evidence and quantification arise, along with the unique feature of the building having its own television programme about it. Issues also arose as to the management of the case [2018] EWHC 1266 (TCC) (BLM).

Construction Insurance

Ben frequently advises on insurance disputes arising from construction projects. This includes claims and recoveries. Recent projects he has acted on include:

    • Coverage issues arising from a large PFI Hospital project.
    • CAR and PI coverage issues with respect to multiple power stations across Europe.
    • Professional Indemnity and CAR claims following the modernisation of a major railway system.
    • Coverage issues arising from landlord’s claims following a major fire in a South London nightclub.
    • Coverage issues arising from a prestigious University project.
    • Recoveries arising from fires on various projects, including a major National Trust Property.

Adjudications and Enforcements

Ben has extensive experience in complex and high value adjudications. He deals with adjudications from start to finish, including enforcement. Adjudications and enforcements have included:

    • A Large University Project – Ben is acting for an architect in a complex and multi-million pound adjudication dealing with the nature and extent of the duties of various professionals and the difficulties arising from works on listed buildings (DWF).
    • Dawnus Construction Holdings v Amey LG Ltd [2017] EWHC B13 (TCC) – a dispute dealing with agreed dispute resolution provisions in back to back contracts;
    • TEN v Black – an adjudication enforcement proceedings in the TCC arising from a significant North London development
    • A Large London Hotel Development – Ben acted for a developer in a series of multi-million pound adjudications arising from a serious fire in a very prestigious London development. The series of adjudications have focused on the cause and culpability for a large fire, operation of a JV agreement, liquidated damages, and the role of project managers
    • Hart v Larchpark & Fidler [2008] 1 BCLC 589 & [2007] BLR 30
    • Bennett (Electrical) Services v Inviron [2007] EWHC 49 (QB) – an enforcement raising defences based on the Adjudicator’s jurisdiction and forms of contracts.
    • ALE v MSD [2006] EWHC 2080 (TCC)Adjudicator’s jurisdiction under the 1996 Act, contracts, estoppel, and insolvency.
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Qualifications


  • 1984 – 1991 Birkdale School, Sheffield.
  • 1991 – 1994 University College, Oxford. BA (Hons) in Law – First Class.
  • 1994 – 1995 Tax Trainee with Ernst & Young
  • 1995 – 1996 University College, Oxford. BCL.
  • 1996 Admitted to Gray’s Inn. Awarded the Lord Birkenhead Scholarship.
  • 1996 – 1997 Inns of Court School of Law.
  • 1998 Called to the Bar.
  • 1999 Tenant at Crown Office Chambers (previously One Paper Buildings).
  • 2014 Appointed QC
  • 2017 Called to the BVI Bar.

SEMINARS

Ben regularly gives seminars in his areas of expertise. He is happy to do so as part of in-house training. In the past few years he has given seminars on the following topics: Insurance Act 2015; liquidated damages; insurance claims; fire and disaster claims; bonds & guarantees; expert evidence; conflicts of interest; privilege and the law of evidence; damages; the new Companies Act 2006; directors’ duties; interim commercial remedies; restrictive covenants; and the Law Commission reform of Insurance Law.

Memberships


  • COMBAR
  • LCLCBA
  • TECBAR
  • PNBA

Recommendations


“Ferociously intelligent but at the same time very down to earth and approachable.”

Legal 500 2017

“Very calm, very intelligent, highly responsive, fun to deal with and a good strategist.”

Chambers & Partners 2018

“He is very dedicated, always on top of the details and very pragmatic.”

Chambers & Partners 2018

“He is excellent, very good at what he does and particularly good at difficult coverage cases.”

Chambers & Partners 2018

“Particularly good at oral advocacy.”

Chambers & Partners 2017

“His client care is excellent and he’s always open to new ideas.”

Chambers & Partners 2017

“He has great attention to detail, is very tenacious and very bright.”

Chambers & Partners 2016

“Extremely user-friendly – very clear in the way that he explains things.”

Chambers & Partners 2016

“He is incredibly bright, he gets to the kernel of the problem very quickly. He is very practical and pragmatic in his approach.”

“He is an ingenious lawyer, and one of those practitioners that just loves the law.”


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