Construction & Engineering
Michael’s experience encompasses projects of all sizes, from commercial developments and significant infrastructure projects to residential disputes.
Michael has been involved in adjudication, arbitration, mediation and litigation, relating to breaches of contract, contractual interpretation, delay, defective works, (interim) payment disputes, professional negligence, prolongation, site security/access, valuation and/or termination.
Michael’s prior career as a Senior Project Engineer for global contractors means that he is fluent in the technical and commercial realities of construction projects; particularly cost escalation, defects, delay, prolongation and loss and damage resulting from breach.
Michael welcomes instructions from employers, main contractors, sub‑contractors and consultants, as well as their insurers.
Where appropriate, Michael also accepts public access instructions; including, from adjudicators seeking to recover unpaid fees.
Selected Cases
- Airport/infrastructure dispute – global construction company: acted as junior counsel in an airport/infrastructure c.$5M dispute in the Middle East. Issues included back‑to‑back liability on subcontracts, entitlement to prolongation costs and claims for variations and delay. Michael’s work also included drafting of witness evidence and expert delay and quantum issues.
- Land Cove Tunnel Dispute (Sydney): assisting Corrs Chambers Westgarth with settling expert evidence in respect of a c.$300M dispute relating to alleged defects in the tunnel (bulging, cracked concrete lining, and falling debris).
- Airport project delay claim – global construction company: advised on entitlement to an extension of time and recovery of approximately US$57m in prolongation costs, following critical delay on a major airport development in the Middle East.
- Contract repudiation – utilities consortium: advised on issues relating to repudiation; including complete code of liability and affirmation, as well as overall strategy.
- Payment dispute: advised on entitlement to payment in respect of a payment application. Raised issues relating to what constitutes the “basis on which that sum has been calculated”, what constitutes a genuine assessment for the purpose of a payment certificate, as well as non-disclosure by the contract administrator that it was also the Employer.
- Payment dispute: advised on enforceability of an adjudication decision relating to a payment dispute; including, issues relating to jurisdiction (whether the relevant dispute had crystallised and/or whether more than one dispute had been referred to adjudication).
- Adjudication: acted for contractor in respect of a payment dispute under a JCT Prime 2016 contract. In issue was: what was required to show the “basis of calculation”, for purpose of payment applications and payment certificates; what constitutes a “genuine assessment” for the purpose of a payment certificate; the effect of Employer non-disclosure on validity of payment certificate; Employer’s purported right to set-off alleged damages for delay against a payment application.
- Adjudication: dispute arising out of a JCT Homeowner contract. Issues included repudiation, termination and loss of profits.
- Adjudication: dispute arising out of a JCT Homeowner contract. Issues focused on quantum; in particular, the quantification of what constituted a “reasonable cost” to complete the works.
- Adjudication enforcement: acted in respect of TCC enforcement of c£130k adjudication sum against a BVI company.
- Adjudication enforcement: acted in respect of TCC enforcement of c.£400k adjudication sum.
- Adjudication enforcement: acted in respect of TCC enforcement of adjudication sum, arising out of. JCT Homeowner contract.
Awards
- William Charnley Prize for the Highest First-class in Law (2016) – Hughes Hall, University of Cambridge
- Astbury Scholarship (2016) – The Honourable Society of Middle Temple
- BPTC Scholarship (2015) – BPP Law School
- Santander Bursary (2015) – Santander Universities
- American Institute of Contractors Highest Exam Award (2010) – AIC
Appointments
- Trustee – Peace Child International (2022-2024)
- Visiting Tutor in Contract Law, Queen Mary University of London (2017-2018; 2023-2024)
News
Qualifications
- MA (Cantab) Law, First-class Honours, University of Cambridge
- BSc Building Construction (equiv. First-class Honours), University of Florida
- BPTC, Very Competent, BPP Law School
Memberships
- Commercial Bar Association
- Society of Construction Law (UK)
- Technology & Construction Bar Association
- Adjudication Society
