Adjudication Case Law Update No.15

Speaker: Simon Arnold of Forum Chambers

Simon Arnold qualified as a Solicitor in 1998 and was called to the Bar in 2017. He is described in Chambers and Partners as a "go-to for construction professional negligence work". 
Simon's recent Construction & Engineering disputes experience includes: 

• Acting for a quantity surveyor in two separate adjudications concerning interim valuations of two property developments. The claims arose on the administration of the contractor, and it was alleged the interim valuations were negligently over-valued. Successful in both adjudications.
• Instructed on a multi-party £10m+ claim concerning an allegedly defective rain-screen cladding system.
• Advised and settled proceedings in respect of allegedly defective electrical installation work to an onshore wind farm.
• Represented insurers of a mixed-use development heavily damaged by fire in claims against the architect, engineer and design and build contractor.
• Acted for a regional contractor in a series of disputes with its groundwork sub-contractor across several projects, including advising on various adjudications; successful enforcement of an adjudicator’s award; defence of Part 8 proceedings; prosecution of separate Part 8 proceedings regarding declaratory relief as to whether a document was a valid ‘pay-less’ notice; and the defence of Part 7 proceedings involving the underlying dispute in the adjudication enforcement proceedings.
• Represented residential homeowners in a multi-day trial defending a claim for wrongful termination of a building contract and a lost profits claim.
• Acting for several homeowners in a claim brought against a national homebuilder alleging negligent design, defective workmanship, failures to comply with Building Regulations and NHBC codes of practice and breaches of the Defective Premises Act 1972.
• Acting for the leaseholders of a luxury development in their claims against an architect regarding the design of external balconies.
• Acting for various homeowners in multiple claims against national homebuilders in respect of new build properties.
• Successfully acting for a national charity defending a series of claims advanced against it by its former professional team concerning two separate building projects.
• Defending a restaurant in business in claims brought by its fit out contractors.

Introduction by Carly Thorpe of Walker Morris LLP.