Daniel was called to the Bar 15 years ago, and has specialised in construction and engineering disputes for more than 12 years. He has experience of litigation, arbitration, adjudication, and mediation. Alongside his work as Counsel, Daniel is a TECBAR-accredited Adjudicator, and sits as a fee-paid Judge.
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 where he has since been invited to lecture.
Daniel is the author of Chapter 25 (Arbitration) in Emden’s Construction Law, and until 2023 also wrote the Construction Litigation chapter.
Examples of Daniel’s recent significant international arbitration work include:
- Ad hoc arbitration – bespoke form – Middle East seat – Middle East substantive law – various claims valued at over £100m brought by a consultant against an employer, concerning 11 contract packages on a major infrastructure project, culminating in a 5 day preliminary issues hearing in 2021, and a further 45 days of evidential hearings in 2022.
- Ad hoc arbitration – bespoke form – Middle East seat – Middle East substantive law – claims valued at over £90m brought by a package contractor against an employer, concerning an eight-lane motorway, culminating in a 13-day evidential hearing in 2022.
- ICC arbitration – FIDIC Red – London seat – Middle East law – 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 in the Middle East.
- DIA arbitration – bespoke form – Danish seat – Danish law – a claim for £50m in damages brought by a main contractor against an employer, concerning the design and construction of several new biomass and W2E power stations in Europe, in preparation for 17-day evidential hearing in 2021.
- Ad hoc arbitration – bespoke form – London seat – English substantive law – advising in relation to insurance claims concerning defective pipework repair costs in a large public building in the UK.
- ICC arbitration – FIDIC Yellow – Middle East seat – Middle East substantive law – professional negligence claims for approximately £475m brought by a main contractor against an employer, culminating in a 10-day evidential hearing in 2015, a 24-day evidential hearing in 2016 and a 15-day evidential hearing in 2017.
- Ad hoc arbitration – bespoke form – Middle East seat – English substantive law – advising in relation to a shareholder dispute worth approximately £15m between a Middle Eastern PMCC and its North American shareholder.
- UNCITRAL arbitration – FIDIC Red – English seat – English law – 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 evidential hearing.
- ICC arbitration – FIDIC Red – Middle East seat – Middle East substantive law – advising in respect of claims for approximately £1.5bn worth of defects arising out of construction of new university in the Middle East.
- ICC arbitration – bespoke form – Middle East seat – English substantive law – 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 in the Middle East.
Examples of Daniel’s recent significant adjudication work include:
- Defending a professional negligence claim for approximately £500k brought by an employer against an architectural practice concerning a residential project in London.
- Pursuing claims for unpaid fees of approximately £600k brought by a design consultancy against a Chinese develop relating to a mixed-use project in London.
- Defending a claim for £2.5m in relation to asbestos contamination during piling work brought by a main contractor against a sub-contractor concerning a residential project in London.
- Pursuing an injunction restraining a sub-contractor from pursuing ongoing adjudication proceedings and commencing further adjudication on the basis of an abuse of process following a previous strike-out by the County Court (see Marbank Construction Ltd v G & D Brickwork Contractors Ltd  EWHC 1985 (TCC)) and pursuing the subsequent Part 8 claim for a declaration that it would be an abuse of process to enforce the Adjudicator’s award (see G & D Brickwork Contractors Ltd v Marbank Construction Ltd  EWCH 3009 (TCC)).
- Defending claims for approximately £500k for professional negligence brought by an employer against a quantity surveyor acting as contract administrator/employer’s agent in relation to a residential development in London.
- Repeat instructions in four separate adjudications for the same client, defending claims for approximately £25m brought by an M&E subcontractor against a main contractor concerning a power converter station in Scotland.
- Pursuing enforcement, and resisting a Part 8 claim, following an adjudication over an unpaid interim payment application made by a main contractor (RTS Construction Limited v Signature Building Services Limited  (unreported)).
- Repeat instructions in three separate adjudications for the same client, 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 electrification upgrade project in England.
- Pursuing a claim for a declaration brought by a main contractor against a developer relating to remedial works at a housing development in England.
- Defending a claim for approximately £100,000 brought by an M&E subcontractor against a main contractor relating to unpaid retail fit-out works in London.
- 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 production facility in England.
- 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 in Scotland.
- 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 in Wales.
- Defending claims concerning defective sewerage design brought by a main contractor against a subcontractor relating to a super-prime property development in central London.
- Pursuing claims arising out of design and construction services worth approximately £500,000 provided to a homeowner in London.
In addition to the international arbitration and domestic adjudication work exemplified in the lists above, Daniel is also regularly instructed to advise, draft pre-action correspondence, draft pleadings, and represent parties involved in construction, engineering, and general commercial litigation. Examples of Daniel’s recent litigation instructions as sole Counsel include:
- Representing parties at numerous unremarkable adjudication enforcement hearings before the High Court (TCC).
- Advising and representing a Hollywood film producer in a dispute over construction works at his London home, against a main contractor.
- Advising a purchaser in relation to a claim for defective repair and restoration works carried out on a £250,000 vintage automobile.
- Advising and representing a main contractor in an application for a stay to arbitration.
- Advising and representing a sub-contractor in relation to a claim made by a main contractor concerning a fire alarm at a large hospital in London.
- Advising and representing a charity in relation to a defective roof at a meditation centre in England.
- Advising and representing a building contractor in relation to a claim for unpaid fees concerning a residential development in Yorkshire.
- Advising and representing a FTSE 50 executive in relation to a dispute with various parties concerning delays and defects at a self-build residential property.
- Advising a subcontractor on the availability of a bona fide subcontractor defence.
- Advising an Employer’s Agent as to whether he held a lien over his file pending payment of his fees by the Employer.
- 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 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 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 meat products for export.
- 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 new 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.
- Mould Senior Scholarship, Gray’s Inn
- Robin Jacob Discretionary Award, Gray’s Inn
- Albion Richardson Award, Gray’s Inn
- Sweet & Maxwell Prize (now known as the Thomson Reuters Law Prize) awarded to the highest achieving final year law student, University of Keele
- Michael Whincup Prize, awarded to the highest achieving second year law student, University of Keele
- KJD (now Freeths) Prize for Highest Contract Law Mark, University of Keele
- Hudson Prize High Commendation, Society of Construction Law
- Brooking Prize Commendation, Society of Construction Law Australia
- Harry Vann and Daniel Shaw appointed as Recorders
- Anna Laney and Daniel Shaw to lecture at the Department of Engineering at the University of Cambridge
- The Corporate Insolvency and Governance Act 2020 and its Impact on the Construction Industry
- Adjudication during the Covid-19 restrictions: an option for disputes during lockdown?
- 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)
- Chartered Institute of Arbitrators
- Freeman of the Worshipful Company of Constructors
- Society of Construction Law
- Society of Construction Law Australia
- Technology & Construction Bar Association