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Daniel Shaw

Call 2007

Daniel Shaw has been practising construction and engineering law for over 10 years. He has experience of litigation, arbitration, adjudication, and mediation.

Daniel obtained a first-class undergraduate degree in law – coming top of his year – and went on to obtain a postgraduate construction engineering degree at the University of Cambridge.

Daniel is the author of Chapter 26 (Construction Litigation), and co-author of Chapter 25 (Arbitration) in Emden’s Construction Law. He lectures at the University of Cambridge.

International Arbitration

Examples of Daniel’s recent international arbitration work include:

ICC arbitration – FIDIC Red – a claim for an extension of time and for more than £85m in damages brought by a subcontractor against a main contractor, concerning oil and gas facilities (hearing expected in 2021)

Ad hoc arbitration – bespoke form – defending delay and disruption claims valued at £222m brought by a consultant against an employer, concerning 11 contract packages on an infrastructure project (hearing scheduled for 2021)

Ad hoc arbitration – bespoke form – advising in relation to insurance claims concerning defective pipework repair costs in a large public building

ICC arbitration – FIDIC Yellow – defending professional negligence claims for approximately £3.2m brought by a main contractor against an employer, culminating in a 15-day hearing

Ad hoc arbitration – bespoke form – advising in relation to a commercial dispute worth approximately £15m between a middle-eastern PMCC and its North American shareholder

ICC arbitration – FIDIC Yellow – defending concrete defects claims for approximately £60m brought by a main contractor against an employer, culminating in a 24-day hearing

ICC arbitration – FIDIC Yellow – defending design defects claims worth approximately £14.2m brought by a contractor against an employer, culminating in a 10-day hearing

UNCITRAL arbitration – FIDIC Red – pursuing a claim for approximately £10m relating to fraudulent misrepresentation of pre-FEED and FEED services provided by North American consultancy to North African employer, culminating in an 8-day hearing

ICC arbitration – FIDIC Red – advising in respect of approximately £1.5bn worth of defects claims arising out of construction of new university

ICC arbitration – bespoke form – advising in relation to the termination of a 25-year BOOT contract between a joint venture employer and middle-eastern contractor following an explosion at a process plant

Adjudication

Examples of Daniel’s recent domestic adjudication work include:

Defending claims for approximately £6m brought by an M&E subcontractor against a main contractor concerning a power converter station

Pursuing claims for approximately £1.2m concerning unpaid variations brought by a design consultancy against a joint-venture main contractor in relation to a rail project

Pursuing a claim for a declaration brought by a main contractor against a developer relating to remedial works at a housing development

Defending a claim for approximately £100,000 brought by an M&E subcontractor against a main contractor relating to unpaid retail fit-out works

Defending claims for declarations concerning extensions of time, and the £4.2m valuation of variations, brought by a main contractor against an M&E subcontract relating to the construction of a pharmaceutical facility

Pursuing claims for approximately £1m in unpaid fees, brought by a supplier against a sub-contractor concerning chemical dosing equipment used in water treatment works

Pursuing claims for approximately £1.5m of unpaid fees arising out of planning and design services worth over £1.5m provided to a local authority

Defending claims concerning defective sewerage design brought by a main contractor against a subcontractor relating to a super-prime property development in central London

Defending claims for defective work valued at £8.3m at an electricity converter station

Pursuing claims arising out of design and construction services worth approximately £500,000 provided to a homeowner

Pursuing claims for unpaid fees arising out of planning and design service relating to an automobile racing circuit on behalf of a design consultancy

Construction & Engineering

In addition to the international arbitration and domestic adjudication work listed above, Daniel has also recently been involved in:

Advising a main contractor in respect of threatened litigation arising out of cladding of hotel in central London deemed defective following the fire at Grenfell Tower – JCT DB 2009 form

Advising the target in respect of a dispute arising out of the takeover of Swiss haulage/transport firm by a joint venture in relation to a dispute worth approximately £1m

Advising a specialist sub-contractor in respect of threatened litigation arising out of cladding of (inter alia) new build properties in White City, London, considered defective following the fire at Grenfell Tower

Advising and representing an exporter in litigation against an insolvent service provider arising out of certification of products for export

Representing a referring party in TCC adjudication enforcement proceedings

Advising an employer in respect of a professional negligence claim arising out of redevelopment of large residential property in Notting Hill, London

Advising and representing a claimant in respect of a claim for non-payment, and defending a counterclaim concerning defects, arising out of the construction of a newly-built road in west London

Representing a national hotel chain in its defence of a claim for damages for breach of contract (including on appeal)

Advising a supplier of specialist products to the automotive industry as to a share and asset purchase by an Indian multinational

Advising a purchaser in relation to a claim for defective repair and restoration works carried out on a £250,000 vintage automobile

 

Awards


  • Brooking Prize Commendation, Society of Construction Law Australia (2014)
  • Hudson Prize High Commendation, Society of Construction Law (2011)
  • Mould Senior Scholarship, Gray’s Inn (2010)
  • Robin Jacob Award, Gray’s Inn (2008)
  • Albion Richardson Award, Gray’s Inn (2007)
  • Sweet & Maxwell Prize for Highest First Class Degree, University of Keele (2006)
  • Michael Whincup Prize, University of Keele (2005)
  • KJD Prize for Contract Law, University of Keele (2005)

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Qualifications


  • MSt Construction Engineering, Queens’ College, University of Cambridge (2013 – 2015)
  • Bar Vocational Course, Very Competent, BPP Law School, London (2006 – 2007)
  • LLB Law (First Class), University of Keele (2003 – 2006)

Memberships


  • Chartered Institute of Arbitrators
  • Freeman of the Worshipful Company of Constructors
  • Society of Construction Law
  • Society of Construction Law Australia
  • Technology & Construction Bar Association

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