Call Date: 2005

Practice

Simon specialises in the construction and engineering and energy sectors representing contractors, manufacturers, private employers and their professional advisers in all forms of dispute resolution, including both domestic and international arbitration, domestic court litigation, mediation and adjudication.

He also has experience of disputes under PFI agreements in the transport and education sectors.

Construction and engineering

Simon has broad experience of construction disputes, including delay and disruption claims, variations claims and extensions of time. He is very familiar with Standard Form Contracts (JCT, ICE and ACE) and has recently advised on the DOM/1 form of subcontract. Recent examples of his work in this sector include:

Advising and acting for a large Italian contractor in a substantial delay claim involving the construction of a prestige Hotel in Eastern Europe [Ukraine]; He appeared as junior counsel during final substantive hearing and at a number of preliminary hearings. His role also included assisting in the drafting of all statements of case, witness statements, opening and closing submissions and costs submissions.

Appearing at a judge-led mediation on behalf of a private individual resisting a claim by a builder in High Court proceedings. His role included making oral opening statement and further submissions during closed sessions with the judge. While the mediation was not successful, the claim was subsequently withdrawn 1 week later.

Acting for a scaffold subcontractor seeking payment in a final account claim in an adjudication under the HGCRA;

Advising in relation to the drafting of notice of adjudication for an electrical sub-contractor seeking payment;

Acing for an employer in a claim for extension of time by a contractor engaged to carry out extensive renovations to a private residence;

Advising regarding failure to serve withholding notices under the Housing Grant, Construction and Regeneration Act 1996 and on rights arising out of repudiation by a contractor;

Advising in relation to the Party Wall Act 1996;

Acting as second junior counsel for a company seeking payment for facilities maintenance services provided to a large British retailer. His role included assisting in the drafting of witness statements and advising on enforcement of related adjudication proceedings.

Acting in a number of interlocutory applications, including application for strike out, summary judgment, application for security for costs.

Professional Negligence

Simon has experience of dealing with a variety of professional negligence claims involving a wide range of professional and consultants in the construction engineering sector, including engineers and contractors and architects. Examples include a claim against an architect regarding the negligent omission of drainage facilities from a residential extension.

Energy

He has been involved in a number of cases for purchasers and contractors arising out of issues with power stations including experience of a dispute over payment for electricity under a power purchase agreement.