David is a Partner in the Construction team.
Specialising in both non-contentious and contentious construction, David advises clients across the contractual matrix by drafting, reviewing and negotiating construction contracts for developers, employers, contractors, funders and consultants. He has good experience of advising on complex and high-value developments, including the construction aspects of financial transactions and remediation agreements under the Building Safety Act, and acting on behalf of one of the largest real estate investment funds in the UK.
David also has extensive experience of contentious matters, his non-contentious practice and commercial approach giving him an excellent eye for potential issues and ways through the contractual maze. Working with clients during active contracts to both manage the risk of and prepare for disputes that may arise, he is experienced in dispute resolution via the courts, adjudication and alternative means, overseeing strategy and seeking settlement as required.
In addition, David specialises in party wall matters, advising clients and surveyors on the provisions of the Party Wall etc. Act 1996, appealing and defending appeals of party wall awards and overseeing injunctive proceedings where necessary.
Recent examples of how David has supported clients include:
- Defeating multi-million pound claims from an international contractor against a specialist sub-contractor in adjudication, working in-house and leading the team to successfully show repudiatory breach by the contractor under the amended JCT contract before recovering sums due;
- Successfully removing a non-performing contractor from site on behalf of the developer and overseeing a positive settlement.
- Achieving a successful outcome for a contractor after the repudiatory breach of contract by the employer under a bespoke contract;
- Recovering sums due to a groundworks sub-contractor via adjudication and enforcement in the TCC from an international contractor;
- Advising on and negotiating the construction documents for a £21m mixed-use redevelopment in Salford Quays, the client’s biggest value contract (so far);
- Obtaining an injunction to halt a rogue surveyor continuing to unlawfully act under the Party Wall Act;
- Advising an adjoining owner on what was an invalid party wall award under the Party Wall Act and overseeing a successful appeal in the Central London County Court.