Experience
David heads up the Construction and Infrastructure team within the DWF business and is the UK's contentious construction lead. David previously worked at a construction consultancy practice, in charge of numerous NEC, JCT, FIDIC, PWC, IChemE and ICE contract matters, both contentious and non-contentious.
David specialises in the NEC form of Contract, and has been regularly seconded to public and private clients alike to assist in administering all forms of the NEC3 or NEC4. David is the Course Leader for the Institution of Civil Engineers Law and Contract Management (NEC3/NEC4) courses throughout the UK and Ireland, currently running the course in London.
David himself is an Associate Member of the Institution (AMICE).
David has worked with some of the UK and Ireland’s largest public sector bodies and private clients, and is currently involved in some of the largest infrastructure or major projects in the UK. The majority of David's work consists of dealing with domestic and international companies, as well as both public and private sector clients working as a contracts manager, brokering deals, negotiating contracts or carrying out contentious dispute resolution work.
David is also regularly invited to give guest talks and public seminars to various institutions, including the Institution of Civil Engineers, the Chartered Institution of Builders, the Chartered Institution of Civil Engineering Surveyors and the Institute of Engineers Ireland.
David is also the Convenor of the Adjudication Society for Ireland.
Memberships
- Admitted to Roll of Solicitors of England and Wales
- Admitted to Roll of Solicitors of Northern Ireland
- Admitted to Roll of Solicitors in Republic of Ireland
- Associate Member of the Institution of Civil Engineers
- Associate of the Chartered Institute of Arbitrators
- Convenor of the Adjudication Society Ireland: 2013 – Present
- Affiliate Member Construction Bar Association of Ireland
Recent Cases
Relevant Contentious Experience
- Acting on behalf of rail Contractor in £1.02bn Hs2 / Crossrail Project (a series of £multi-million adjudications as responding and referring party). (NEC3)
- Acting on behalf of energy Contractor involved in biomass conversion dispute relating to defects, compensation events and extension of time claims (NEC3)
- Acting on behalf of multinational Contractor in Bahrain. Seconded to company to work on loss & expense claim of $25mil. Lead to involvement and project advice in relation to oil & gas framework valuing $1.5billion.
- Acting on behalf of multinational Contractor to manage and review all contract documents, administration and compensation events and risk analysis for £250mil project for Wind Farm substation projects in UK and Scotland. (NEC3)
- Acting on behalf of renewable energy Sub-Contractor in relation to £multi-million termination dispute and several adjudications. (FIDIC)
- Acting for contractor advising on claims of £7mil relating to the largest infrastructure civil engineering project in Scotland. Counter claim of negligence and appointment related to review of liability for insurers. (NEC3)
- Acting for contractor client in adjudication relating to construction liability and claims of negligence; initial value of £850k in dispute. Form of contract, JCT SBC(D) 11. Issues regarding liability and counter claims on proper valuation of quantum and variations (including EoT).
- Acting on behalf of multi-national Chinese Developer in adjudication dealing with tax / HMRC matters.
- Acting on behalf of Sub-Contractor for contract negotiations, focusing on dispute avoidance for largest renewable energy plant in UK. Value in dispute of £6.4mil (FIDIC Red Book).
- Acting for public authority in negligence claim for coastal/marine engineering failure in Mediation/Arbitration. Representing claimant for dispute in value of £1.6mil. Form of Contract, NEC3 PSC. Dispute was due to multi-party fault with a total of five expert witnesses appointed.
- Acting on behalf of Subcontractor for negotiations and advice with multinational companies (Belgium and Malaysian) for renewable energy plant in UK (largest in Europe), assisting sub-contractor (Ireland) with main contract negotiations, whilst assisting parties dealing with project outcomes and dispute avoidance. (FIDIC Red/Yellow)
Relevant Non-Contentious Experience
- Acting on behalf of a local authority drafting an entire suite (ECC, ECSC, PSC, PSSC, TSC, TSSC and SC) of NEC4 Contracts for a €80mil public lighting scheme.
- Acting on behalf of Subcontractor and suppliers to review contracts and carry out Risk Assessments in relation to £35mil project in Hinkley Point C (NEC3).
- Appointed as Mediator to broker settlement between Client (UK Council) and Consultant in relation to overspend and claims under NEC PSC (Option E).
- Acting on behalf of local governmental authority drafting NEC4 suite of documents for all major projects in NW England. Training to procurement and commercial teams within entire organisation.
- Acting on behalf of Contractor for full resource of contract management of contract negotiations for a bio-gas plant in UK. Drafted and negotiated main and sub contracts with multinational (German) and domestic (Ireland and England) contractors and employers in multi party contract negotiations for the construction and operation of a bio-gas plant. Contract value £10mil. (IChemE)
- Acting on behalf of public sector organisations (including Governmental Departments, local councils, colleges and universities) in Ireland and UK to advise on contract strategy for renewable and clean energy initiatives, on a range of projects (FIDIC, NEC3/4, JCT, IChemE)
- Acting for client and lead for £150mil Framework appointments facing potential challenges and termination of appointments from Economic Operators. Representing public sector body in responding to challenges and advising on claims under Regulations and common law. Assisted in settlements and re-rerunning of processes. Assisted in setting up no.5 frameworks for professional service appointments
- Acting for Irish Department assisting wider procurement team involved in the largest live procurement in Ireland (2017-18). Advising client on tender evaluation best practice, including in-house training and sitting on tender evaluation panel.
- Acted for Irish utilities organisation on procurement strategy and use of NEC3 in Ireland, as well as advice, drafting and training on FIDIC Orange (1995), Gold and Silver contracts.
- In-house advice to various Irish public sector bodies (County Council, City Council, Government Department, quasi public sector bodies in energy, infrastructure and waste) on contract strategy. Advised on the strategy and contract to use to bring European contractors over as well as assisting in reports and suggested contract amendments and project policies moving forward in Ireland.
- Project lead and client point of contact for contract training for Northern Ireland’s largest housing association – over 45 day long workshops for the entire business on 7 different forms of contract, dealing from director level to site engineers (NEC3 – ECC, ECSC, TSC, PSC)