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Colleen Cumbers

Call 2023

Construction & Engineering

Colleen is developing a strong construction practice, advising and drafting on behalf of both claimants and defendants as well as being instructed to represent parties in court, including in an unled trial in the TCC.

Her recent work in this area includes:

  • Acting for the Claimant in an upcoming three-day TCC trial arising out of non-payment of six-figure invoices with a substantial counterclaim for damages for misrepresentation and recovery of alleged overpayments. Colleen has already appeared at an application hearing and CCMC in this case and has advised on and settled the Amended Reply and Defence to Counterclaim following new limitation arguments raised by the defendant. She is awaiting trial dates.
  • Settling the Reply in a High Court case (BNP Paribas Depository Services Ltd & Anor v Briggs & Forrester Engineering Services Ltd [2024] EWHC 2903 (TCC)) involving a dispute over the scope of work under a contract and the parties’ various obligations under the Control of Asbestos Regulations 2012 (during pupillage).
  • Advising a claimant (a tenant) as to potential avenues for bringing a claim in relation to installation of pipework in breach of building regulations during construction of a residential property. As a result of the defective installation, the heating at the property did not work, making the property unfit for human habitation.
  • Advising on a contractor’s duty to warn pursuant to a JCT 80 Minor Works 2011 contract in a claim worth well over half a million pounds. Specifically, Colleen was instructed to advise on whether the main contractor, who had no design responsibility in relation to the relevant roofing works, had a contractual or tortious duty to warn of any design defects.
  • Settling the Defence on behalf of a sub-contractor alleged to have negligently installed plumbing and heating apparatus during the conversion of an apartment block, leading to flooding which caused almost £150,000 of damage. Issues included whether the sub-contractor had any design responsibility for the works in question and whether a duty to warn arose.
  • Settling the Reply to Counterclaim on behalf of a firm of architects accused of breach of contract and professional negligence in relation to alleged failures to properly submit a planning application prior to the implementation of legislative changes which would increase costs for the client.
  • Representing a builder at a preliminary hearing in a claim for the costs of remedying allegedly defective insurance repairs following latent defects becoming apparent. Colleen raised substantive legal arguments in relation to the pleaded causes of action leading to a direction that the claimant better particularise his claim.
  • Acting for the respondents in an upcoming three-day appeal of an award made under the Party Wall etc. Act 1996. Matters in issue include the jurisdiction of the surveyors to make the award in question.  At the CMC, Colleen successfully resisted efforts by the appellants to stay proceedings and she has since prepared the skeleton for the appeal which is listed for the Autumn.
  • Drafting instructions to a Single Joint Expert in a Party Wall etc. Act 1996 dispute.
  • Preparing the skeleton for a DIAC arbitration concerning sums of over 50 million Qatari Riyal which arose out of a dispute between two construction companies existing under the laws of the UAE. Colleen’s skeleton was submitted for use in the arbitration (during pupillage).

Colleen also frequently deals with claims arising out of accidents on construction sites – see the Personal Injury section of her profile.

Colleen is a member of the Technology and Construction Bar Association (TECBAR) and the Society of Construction Law (SCL).

Selected Cases

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Awards


  • Inner Temple Pegasus Scholarship
  • Inner Temple Duke of Edinburgh Entrance Award
  • Inner Temple Major Scholarship
  • Inner Temple Exhibition Scholarship
  • Dean’s Award for Best Academic Performance in MA Law (Conversion)
  • Various Finals Collections Prizes from Oriel College, University of Oxford
  • Winner of Multiple Moots / Mock Trials incl. the Aqeel H. Noorali Moot Cup

News


Events


Blogs


Qualifications


  • BA French and German (First Class), University of Oxford
  • MA Law (Conversion) (Distinction), University of Law
  • LLM Master of Laws (Distinction), University of Law

Memberships


  • Commercial Bar Association (COMBAR)
  • Technology and Construction Bar Association (TECBAR)
  • The Society of Construction Law (SCL)
  • Professional Negligence Bar Association (PNBA)
  • London Common Law & Commercial Bar Association (LCLCBA)
  • Young International Arbitration Group (YIAG)
  • Personal Injury Bar Association (PIBA)

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