Call date: 1984

Silk: 2003

Practice

David Sears is regularly instructed to act on behalf of employers and contractors in large construction and engineering disputes, both in litigation and in arbitration proceedings. He is also frequently instructed in related professional negligence claims, acting both for and against all construction professionals, including architects, engineers and quantity surveyors. Less frequently but increasingly often, he has been involved in a number of adjudications, advising on tactics, preparing statements of case and even appearing at the hearings. Similarly, he is sometimes asked to represent his clients at mediation.

Cases include

Sports stadiums

Defending a claim made against the main contractor and architect by the Mechanical and Electrical Sub-Contractor employed on the construction of a new football stadium for Sunderland AFC. Crown House Engineering v Ballast Wiltshire.

Power stations

Acting for the owners in their claim against the consulting engineers for the allegedly negligent design of the reconstruction of generation and distribution systems at Pulrose Power Station on the Isle of Man. Manx Electricity Authority v Ewbank Preece Limited.

A significant loss and expense and defects claim arising out of an EPC Contract for a 600MW combined heat and power plant. Scottish Power Plc v Alstom Power Generation Limited

Instructed on behalf of the Claimant to pursue a claim for loss and damage (exceeding £50m) resulting from the Defendant solicitors' negligence in drafting a building contract for a new power station in China. Southern Energy (Shajiao C) Ltd v Clifford Chance

A claim for disruption on a contract for the supply of pipework to a power generation plant caused by the delay in providing information by the Employer and/or acts of hindrance on site.

Acting for the Employer on a claim to be entitled to rectify a contract for the design, construction and testing, commissioning, project management and completion of the three combined heat and power generation plants owned and operated by Pilkington UK Plc at its sites known as Greengate, Watson Street and Cowley Hill, all of which were located in St Helens, England. Scottish Power plc v Ulstein UK Ltd

Advising ABB in connection with an agreement with SSE pursuant to which SSE agreed to purchase a number of CHPs and also certain simple electricity generation plants, as well as energy from other CHPs and generation plants which would remain in the ownership of ABB. ABB Zantingh Ltd v Scottish & Southern Energy Plc

Boiler/heating plant

A claim for loss and damage made by the building owner following an explosion in the gas boiler in a block of flats which led to the demolition and subsequent re-building of the building. London Borough of Lambeth v Staward Engineering Ltd.

Defending the designers against a claim for the allegedly negligent design and supervision of new ventilation and comfort cooling at the University premises, including all associated mechanical, electrical and builder's work in connection with the installation. University of Central Lancashire v Christopher Rodgers Associates.

Pursuing a claim on behalf of the owners against the architects, project managers, engineers and contractors for loss and damage to new building works caused by flooding resulting from the defective design of new water tanks and pipework. BAE Systems Avionics Limited v Banner Holdings Ltd & Others.

Instructed on behalf of Norwich Union in a claim against Ove Arup for the negligent design and installation of an air conditioning plant in an office block in the City.

Process plants

Acting for the Employer in its claim against the Contractor for the defective design, construction and installation of a 'waterborne paint finishing system' to be used in the Employer's business of paint spraying parts for motor cars. Decoma UK Limited

Haden Drysys International Ltd

Acting for a sub-contractor in connection with a contract to supply, install and commission certain electrical systems at factory owned and operated by British Sugar, including a field failure relay protection system. British Sugar Plc v GEC Alsthom T&D Distribution Switchgear Limited & Others

Acting for the Contractor in a dispute arising out of the conversion of certain heat producing plant to enable it to burn both gas and/or oil. One of the plant items to be converted was a Gibson Wells Vaporising Boiler DV 701. As a result of faulty modification works, the plant exploded when gas was first introduced into the burner. Union Camp Chemicals Ltd v CRL TCL Limited

Acting for the Contractor in its dispute with the Employer arising out of a contract for the design and installation of an automated warehouse and material handling system for the packing and processing of meats. Swisslog (UK) Limited v Welsh Country Foods Limited

Fuel storage depots

Defending a claim against the consulting engineers in relation to the allegedly defective design of a fuel storage facility and, in particular, the lack of any adequate or proper contamination investigation of the site. White Young Green Consulting Limited v Limeridge Properties Ltd

Sewage treatment works

A multi-million pound claim against the contractor for defects in the construction and installation of part of a sewage treatment works near Leeds. Instructed on behalf of Yorkshire Water in a claim brought in the TCC in respect of major improvement works carried out by Taylor Woodrow (and its sub-contractors) to its largest sewage treatment plant under the IChemE Red Book involving the inter-relationship of Clause 36 Defects, Clause 35 Performance Tests and Schedule 10 liquidated damages. Complex process issues involving the appropriateness of using a Sequencing Batch Reactor Plant to treat a combination of industrial and domestic sewage. Yorkshire Water Services v Taylor Woodrow and Biwater

Acting for the Employer in its claim against both the Contractor and Engineer for the defective design and construction of a sewerage pumping station and pipeline. Wessex Water Services Ltd v Johnston Construction Ltd & Others

Waste treatment/recycling plants

Acting for the Contractor in its dispute with the bondsman concenring the alleged breach of a written Turnkey Contract for the design, manufacture, delivery to site, erection, testing and completion of an 'Integrated Materials Recovery and Energy Centre' at Baldwin Crescent, Crymlyn Burrowes, Swansea.. HLC-Engenharia E Gestão De Projectos SA v ABN AMRO Bank

Dams/Barrages

Cardiff Bay Barrage. Balfour Beatty/Costain v Cardiff City Council. ICE 6th Edition. The issue was whether the Contractor had any liability to remedy defects in the paintwork after the issue of a Certificate of Substantial Completion.

Cardiff Bay Barrage. Balfour Beatty/Costain v (1) Noell GmbH & (2) Trinkaus & Burkhardt KGaA. The issue concerned the construction and enforceability of a performance bond.

Beach works

Acting for the Employers in their dispute with the Contractor arising out a contract to rebuild a beach and to construct new breakwaters. Defending a claim by the Contractor claim that it was impossible to carry out the delivery of 'beach nourishment' due to exceptional sea states. Alfred McAlpine Construction Ltd v Environment Agency & Others.

Harbours/jetties

Dispute arising out of a contract for the partial design and construction of repairs at a jetty known as the 'New Jetty' at St Peter Port, and for the installation of a new cathodic protection system. The condition of the steel reinforcement was much worse than expected and the question arose as to whether the Contractor or the Employer should bear the consequences in terms of time and cost. Balvac Limited v States of Guernsey.

Defending a claim against structural engineers employed in connection with the design of a land reclamation project at Gosport Marina and, in particular, the geo-technical problems which were encountered as a result of the temporary stock piling of dredged material which was to be used in the reclamation process. Gosport Marina Limited v Posford Haskoning Limited.

Foundations/piling works

Defending a claim against structural engineers in respect of the allegedly negligent design of the foundations of new premises and the supervision of the necessary piling works. Sedgmoor District Council v Babtie Dobbie Limited.

Defending a firm of architects against a claim for damage to a property caused by subsidence as a result of the allegedly negligent design of foundations. Peter Callaghan v Cowper Griffiths Associates.

Defending a claim made against the consulting engineer for his alleged negligence in connection with the design of and specification for a system of waterproofing for the basement of a large residential block in West London. Daejan Investments Ltd v The Park West Club & Others.

Earthworks

Defending a claim against consulting engineers for loss and damage allegedly resulting from their negligent design of major excavation and site preparation works. Willmott Dixon v Thorburn Colquhoun.

Defending a claim against structural engineers employed in connection with the design of a land reclamation project at Gosport Marina and, in particular, the geo-technical problems which were encountered as a result of the temporary stock piling of dredged material which was to be used in the reclamation process. Gosport Marina Limited v Posford Haskoning Limited

Acting for the Employer in relation to a dispute with his Consulting Engineer concerning the allegedly negligent design and construction of a new distribution centre in the Midlands and, in particular, the engineer's role in the design of the necessary earthworks and his responsibility for its subsequent collapse. Ove Arup & Partners International Ltd v Galliford Try Construction Ltd.

Defending a claim made against the designers of the soil reinforcement and erosion protection system for a bund forming part of a new rifle range being constructed for the Ministry of Defence. John Mowlem & Co Plc v Maccaferri Ltd.
Tunnelling

A claim on behalf of the Employer against the engineers retained in connection with the construction of the DLR extension to Greenwich arising out of an explosion during the course of the tunnelling works. Nishimatsu Construction Co Ltd & Others v WS Atkins Consultants Ltd

Acting on behalf of the Highways Agency in a dispute with the Contractor concerning workmanship, delay and disruption in connection with the construction of a twin road tunnel for the new A27.

Road construction

Defending a claim made against the consulting engineer in respect of damage suffered as a result of ground movement caused by the excavation of a cutting at the foot of the hill during the construction of the A4042 near Newport in Wales. Tanya Stewart & Others v National Assembly for Wales & Others.

Defending a claim brought by the Main Contractor against the Engineer for loss and damage suffered as a result of delay and disruption allegedly caused by the negligent design of a new road viaduct.

A claim made by an earthworks sub-contractor against a well-known contractor in connection with the construction of a section of the A303 for damages for disruption resulting from the failure on the part of the main contractor to provide proper programming information and/or supplies of stone etc. The hearing culminated in an application to remove the arbitrator for misconduct.

Instructed by the Treasury Solicitor in a claim for disruption by the main contractor on the construction of the A27 Brighton and Hove By-Pass resulting from delays caused by the Project Engineer.

Car parks

Defending the architect against a claim for negligence in the design and supervision of the construction of a multi-storey car park. Value of claim - £5 million. Milton Keynes Borough Council v Andrzej Blonski & Others.

Defending a claim made against a Contractor for negligence in the design of and the preparation of the specification for a new multi-storey car park. Apcoa (UK) Ltd v Balfour Beatty.

Light Rail Transit Systems

Representing one of two joint venture partners in an early neutral evaluation of their dispute concerning responsibility for problems in the design and construction of a new tram system for Nottingham. Carillion Construction Ltd v Bombardier Transportation Ltd

Shopping and/or city centre developments

Acting for the Contractor in relation to a building project involving the redevelopment of the former post office building at Royal Mail Street, Birmingham, West Midlands. The dispute concerned the operation of the contractual payment provisions and the question whether the Contractor was estopped from relying upon the strict terms of those provisions to enforce payment of interim payments of more than £5.5m. Carillion Construction Ltd v Birmingham Mailbox Ltd.

Acting for the Employer in the pursuit of a claim against design and build contractors for loss and damage suffered as a result of their alleged negligence in the design and construction of new office block in Bristol. The particular issue was whether the defects in the building were sufficiently serious to justify the demolition and reconstruction of the newly completed works (at a cost of over £30 million).

Defending a claim made by the Main Contractor against the Employer for payment for additional works necessitated by delay and disruption on a project for the construction of shopping centre development (and a major new road) in Portsmouth.

Acting for the Employer on its claim against the Architects and Project Managers for loss and damage allegedly suffered as a result of the mismanagement and negligent supervision of a construction project for a substantial new shopping centre in South London.

Defending a multi-million pound claim brought against a firm of engineers in respect of their alleged negligence as lead consultants and project managers in connection with the construction of a new development in the centre of Newport in South Wales

Acting for the building owner in the pursuit of its claim for loss and damage resulting from the alleged negligence and/or breach of contract by its appointed project managers in their supervision and management of construction works to redevelop substantial office premises in the City of London. Commercial Union Life Assurance Co Ltd v PCM Ltd.

Case concerned the development of a major shopping centre in Coventry. The dispute, which was the subject of proceedings, related to the proper construction of a letter of intent, a pre-construction services agreement and a draft building contract. Costain Skanska Joint Venture v Arrowcroft Limited

Acting on behalf of the building owner against the Contractor in his claim for damages suffered as a result of the defective design and construction of a retail park together with various associated external works at a site known as the Abbey Retail Park in Selby, North Yorkshire. Henry Boot Developments Ltd v P S Turner (Constructions) Ltd

Instructed on behalf of the architect/shop designer to defend a claim for negligence in connection with the design of a Kookai store in the West End. Denholm Rees v Timber Line & Other

Residential developments

Acting for the claimant architects in their dispute over their entitlement to be paid their fees for design work in connection with a prestigious new housing development at Canary Wharf. Value of claim - £1 million. Novo Architects Limited v Koetter Kim And Associates (UK) Limited.

Instructed on behalf of an architect on a claim for professional fees and the defence of a counterclaim in respect of the allegedly negligent design of a development on a central London site. Assael Architecture Limited v Ridgewood Investments Limited-

Advising design and build contractor on the nature and extent of duties owed to the purchasers and subsequent owners of a 1960s residential block that the contractor proposes to refurbish. In particular, whether the duty included an obligation to upgrade the property beyond the standard required by the Building Regulations applicable to a building of that age. Fairview New Homes Limited

Industrial estates/sheds

Defending a claim made against structural engineers in respect of a pre-purchase structural survey of an industrial unit on a trading estate. Brixton Estates plc v Andrews Kent & Stone

Defending a claim against a firm of consulting engineers for loss and damage suffered as a result of their allegedly negligent design of a drainage system installed on a new industrial estate. Baxall Securities Ltd v Shaw Whitmore Fyffe Partnership.

Acting for the Employer in relation to a dispute with his Consulting Engineer concerning the allegedly negligent design and construction of a new distribution centre in the Midlands and, in particular, the engineer's role in the design of the necessary earthworks and his responsibility for its subsequent collapse. Ove Arup & Partners International Ltd v Galliford Try Construction Ltd.
Cable laying/pipeline works

Defending a claim made by the Main Contractor for additional payment for work carried out in connection with the engineering, supply and installation of a submarine telecommunications cable system linking Italy, Turkey, Ukraine and Russia.

Instructed by the Employer in a claim against the supplier of a fire and portable water main at RAF Brize Norton. Docwra v Hepworth

Instructed to act on behalf of the sub-contractor in its claim against the contractor for payment for works done in connection with the design, installation, testing and commissioning of telecommunication cablework and routework for a section of a new fixed telecom network which was being installed for Network Rail. Lowery Limited v Thales Telecommunications Services Ltd

Acting on behalf of the main contractor in its claim against the sub-contractor for breach of contract in connection with the installation of 650m of 8" pipeline by horizontal directional drilling under the Keban Lake at Elazig in Eastern Turkey. Stockton Pipelines Ltd v Sharewell Horizontal Systems Ltd

Defending a claim made by a gas pipeline owner for loss and damage allegedly suffered as a result of damage done to the pipework by a contractor laying new telecommunications cabling. Transco plc v Fujitsu Telecommunications Europe Ltd

A dispute concerning valuation, certification and payment issues, as well as claims to be entitled to an extension of time and/or relief from liquidated damages etc arising out of a contract to construct a new system of pumping stations and pipelines on the Isle of Wight. Dean & Dyball v Southern Water

Cladding/Glazing

Instructed by the Contractor in its dispute with the cladding sub-contractor. The Contractor successfully claimed that it had been forced to pay £3.2m under economic duress from the sub-contractor as a result of its refusal to deliver the cladding in time to allow the contractor to complete the main contract works. Carillion Construction Ltd v Felix UK Ltd.

A claim made by the main contractor against a glasswork sub-contractor on a major construction project for the Ministry of Defence, in which it was alleged that the sub-contractor's delays had caused delay and disruption to the main contractor's business and operations, over a long period and wide range of activities.

Concrete, cement etc

Pursuing a claim on behalf of the Contractor against the Consulting Engineer in connection with allegedly negligent preparation and production of a concrete specification for use by sub-contractors. Carillion Construction Ltd v Ove Arup Ltd.

Defending a claim made against a Contractor for negligence in the design of and the preparation of the specification for a new multi-storey car park and in particular the chloride content of the concrete mix by weight of cement supplied. Apcoa (UK) Ltd v Balfour Beatty.

A case involving the sale of defective cement which was then used in the construction of new 9 storey office block in Bristol. The issue was whether the owners were entitled to insist upon the removal of the affected concrete which could only be effected by the demolition and reconstruction of the building. Oppenheim Immobilien-Kapitalanlagegesllschaft Mbh & Others v Wates Construction Limited

Instructed to advise Cemex UK Limited (formerly RMC Materials Limited) in relation to a dispute concerning some allegedly defective concrete supplied for use in connection with the construction of a 6m3 suspended transformer slab at Waterloo Underground Station. BP Howard Limited v Cemex UK Ltd.
Government work

Instructed by the Treasury Solicitor in a claim made by a Contractor for additional payment and/or loss and damage for delay and disruption on the construction of new barracks at Aldershot. Kier Build Limited v. Secretary of State for Defence

Instructed by the Treasury Solicitor in a claim for disruption by the main contractor on the construction of the A27 Brighton and Hove By-Pass resulting from delays caused by the Project Engineer.

A claim made by the main contractor against a glasswork sub-contractor on a major construction project for the Ministry of Defence, in which it was alleged that the sub-contractor's delays had caused delay and disruption to the main contractor's business and operations, over a long period and wide range of activities.

Advising the Ministry of Defence in relation to the procurement process for the Armoured Vehicles Training Service project.

Advising the Ministry of Defence in relation to a dispute with its supplier for the provision of an Electronic Document and Records Management System

Advising and acting for the Ministry of Defence in its dispute over payment with the suppliers of various accommodation for British Forces in Croatia.

Advising the Secretary of State for the Home Department in connection with the department's dispute with the providers of accommodation for asylum seekers.

Adjudications

Advising in relation to tactics and the preparation of the defence of a claim made by the Main Contractor against the Employer for payment for additional works necessitated by delay and disruption on a project for the construction of shopping centre development (and a major new road) in Portsmouth.

Instructed to act on behalf of the sub-contractor in its claim against the contractor for payment for works done in connection with the design, installation, testing and commissioning of telecommunication cablework and routework for a section of a new fixed telecom network which was being installed for Network Rail.

Instructed to appear at the hearing of a dispute concerning valuation, certification and payment issues, as well as claims to be entitled to an extension of time and/or relief from liquidated damages etc arising out of a contract to construct a new system of pumping stations and pipelines.

Instructed to appear at the hearing of an adjudication of a dispute concerning the alleged negligence of a consulting engineer in relation to the design and supervision of the construction of a new block of residential flats.

Recommendations

Rated as a leading construction silk in Legal 500 and Chambers & Partners:

'Stands out for many as 'absolutely brilliant, a great advocate and a tenacious fighter'' Chambers and Partners 2008 Construction

'His star is firmly in the ascendancy' Chambers and Partners 2006 Construction

'an excellent bedside manner and an extremely high level of technical competence, he negotiates a top-class practice' Chambers and Partners 2006 Professional Negligence

'always on the ball' Chambers and Partners 2005 Construction

'Everything a client would want in a barrister: able, conscientious, thorough, knowledgeable and persistent' 'A great deal of rounded experience'

'The ability to manoeuvre people into a corner'

'Combines a user friendly manner with impressive advocacy skills'

'Pleading work is second to none'

'Safe pair of hands'