Joshua Brown

Construction & Engineering

Josh has a busy construction practice. Josh is familiar with standard form contracts including NEC and JCT.

From October 2021 to July 2022 Josh was seconded to the contentious construction team at a leading City law firm, working on a range of matters across the main forums of adjudication, arbitration and litigation. Josh therefore has significant experience of working closely and/or as part of a team with solicitors on such matters.

His recent and current instructions in this area include:

• Acting for and advising a County Council in relation to a PFI contract for the construction and ongoing provision of services at a number of project schools. The central issues included the application of benchmarking provisions for the price of certain services and the proper interpretation of those and other provisions in the PFI contract;
• Acting as sole counsel in Kang v Pattar [2021] EWHC 1101 (TCC), a 5-day trial of a construction dispute in the TCC;
• Acting in WRB (NI) Ltd v Henry Construction Projects Ltd [2023] EWHC 278 (TCC), adjudication enforcement proceedings in which the Court considered issues including contracting with a dormant company and the evidence required for a claim for VAT.
• Acting in Haque v R&Q Capital No.6 Ltd [2023] 8 WLUK 37, a successful summary judgment application in one of a large number of CWI claims brought against the insurers of installers of CWI in homes, especially in the north of England.
• Advised the owner of an anaerobic digestion plant as to prospects of success in a c. £1.5 million negligence claim against a German company which manufactured and installed equipment for opening the pressure relief valves on the plant (led by Elizabeth Boon).
• Advised (led by Ben Quiney KC) employer in relation to a c. £2.6 million dispute alleging design defects against the designer of an anaerobic digestion plant and then acted (as sole counsel) in a successful adjudication.
• Advising and drafting submissions in the context of an expert determination of a c.£600,000 dispute relating to alleged defects in a newly built residential property;
• Acting in a mediation in a c.£500,000 dispute relating to time for completion of works and NEC compensation events;
• Acted for an employer in a true value adjudication worth more than £200,000 regarding a construction project at commercial premises in Manchester.
• Acted for the responding employer in a c.£90,000 true value adjudication;
• Successfully defended a smash and grab adjudication on grounds that the Adjudicator lacked jurisdiction;
• Advising on behalf of roof thatchers in relation to an intimated breach of contract and/or negligence claim;
• Advised on prospects in a breach of contract claim against sub-contractors involving issues of whether the sub-contractors were engaged on a labour-only basis or to provide work and materials, and the potential for pursuing claims against employees pursuant to Lister v Romford Ice;
• Advised as to prospects of success in a claim relating to defective construction of an extension, involving issues of breach of contract, the Building Regulations and time for completion;
• Settled Particulars of Claim for damages relating to the installation of a balcony at residential premises;
• Settling Particulars of Claim in a claim by main contractors against sub-contractors for the cost of rectification works in a roof construction project;
• Advising and settling Particulars of Claim in relation to damage following the construction and installation of interior doors involving allegations of breach of contract/negligence as well as the Construction (Design and Management) Regulations 2015;
• Advising on disputes relating to the Construction Plant Hire Association (CPA) terms, including issues of incorporation and exclusion / limitation clauses;
• Settled a Defence and Additional Claim against sub-contractors in a claim relating to alleged defects in a new build property. The Additional Claim involved issues of breach of contract, the Contracts (Rights of Third Parties) Act 1999, negligence, the Civil Liability (Contribution) Act 1978 and the Defective Premises Act 1972.

Josh is also a contributing editor to Emden’s Construction Law and co-authored the latest chapter on The National House-Building Council and the NHBC Schemes.

Selected Cases

Awards

Winner of the Times Law Awards (2016)

Winner of the Maitland Advocacy Prize (2015)

Gray’s Inn (2016): Bedingfield Scholarship.

Gray’s Inn (2015): CPE/GDL Award.

City Law School (2015): GDL Scholarship.

Articles

• An Exercise in Utility: Liquidators Adjudicating Construction Disputes
• Extensions of time and adjournment during COVID-19: Muncipio De Mariana & Ors v BHP Group Plc and BHP Group Ltd [2020] EWHC 928 (TCC) (20 April 2020)

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Qualifications

Bar Professional Training Course (2016-2017): City Law School

Graduate Diploma in Law (2015-2016): City Law School

MPhil, Merton College, University of Oxford (2013-2015)

BA (Hons), Merton College, University of Oxford (2010-2013), First Class

Memberships

COMBAR

LCLCBA