Call date: 1993

Practice

Steven specialises in advising and representing parties to complex commercial contracts relating to a wide range of subject matter including the design and delivery of buildings, engineering plant, ships, IT systems, telecommunications systems, facilities management and professional services.

He has appeared as advocate in the Technology and Construction Court, the Court of Appeal, numerous arbitrations and adjudications, and in mediation. His arbitration experience includes substantial international experience. He is a TECBAR accredited Adjudicator and has been appointed as an Adjudicator.

He is recommended by both Chambers and Partners' and the Legal 500's most recent editions as a leading junior in the construction field.

Construction and engineering

Steven is instructed by employers, contractors, sub-contractors and consultants on all aspects of construction and engineering contracts. Examples of recent disputes include:

Representing a contractor in a dispute in excess of £10m which is the subject of proceedings in the TCC concerning valuation, loss and expense, extensions of time and liquidated damages arising from the design and construction of a large mixed use development in the North of England.

Representing an employer in a dispute concerning liquidated damages, loss and expense and valuation. The claim arises from a large residential development in West London and is the subject of proceedings in the TCC.

Representing a contractor in claims for misrepresentation and additional payment arising from the construction of a retail superstore in Essex. The dispute was referred to arbitration.

Acting for the JV owner of a power station in an ICC arbitration concerning a US$150m claim for liquidated damages and extension of time arising from a bespoke turnkey contract made between the JV and a German contractor for the completion of a mixed fuel power station in the Philippines.

Representing an employer in disputes worth £100m concerning payment, defects, liquidated damages and extensions of time. The disputes arose from the design and construction of the new stadium at Wembley.

Acting for the employer in adjudications concerning payment disputes arising under an amended NEC form. The disputes arose from the construction of a high speed rail link and included issues relating to the Project Manager's duties, the meaning of Actual Cost and Disallowed Cost and the payment provisions of the NEC form.

Acting for a contractor defending proceedings brought by an employer claiming losses as a result of a delay arising out water ingress through piling works and pursuing claims against the sub-contractors and engineers.

IT and telecommunications

Steven is instructed by purchasers and suppliers in numerous cases relating to the provision of advanced technology, either on its own or included as part of package of other works and services. His experience includes the following:

Acting for out-sourcing specialists in relation to disputes arising from a long-term outsourcing contract for the provision of (amongst other things) IT and management systems to a public body. Issues included the availability of injunctive relief to restrain the client from exercising termination provisions.

Advising the purchaser on a dispute under a contract for data storage/retrieval. Issues included the ability of the suppler to terminate the contract for repudiatory breach.

Representing the owners of a large metro system in a £50m ICC arbitration arising out of an ongoing PFI contract for the delivery of a system wide communication system. The dispute concerned the supplier's entitlement to extensions of time due to alleged failure on the part of the owner to perform enabling works to the network.

Acting for the suppliers of an off the shelf property management software package to owners of a large metro system owner. Issues included alleged misrepresentations and fitness for purpose of the software.

Represented a subcontractor engaged in the supply of a range of audio and visual automated passenger information systems for installation on passenger trains in an ICC arbitration. Issues included responsibility for ensuring the electro magnetic compatibility of the information systems with out on board systems.

Representing software developers in a 30-day trial in the TCC. Issues included misrepresentation, functionality, the structure and quality of the source code and the appropriate measure of damages.

Representing owners of a residential development in Kowloon in relation to a claim for negligence against engineers. The claim concerned alleged defective piling and was the subject of arbitration under the HKIAC Rules. The sum claimed was HK£1bn.

Professional negligence

Steven acts for claimants and defendants (as well as their professional indemnity insurers) in respect of claims brought against a wide range of professional advisers including architects, engineers, IT consultants and surveyors. Recent cases, as sole counsel, include:

Advising clients in a claim for professional negligence against architects and others arising from the design and construction of a new indoor swimming pool. Issues include liability for detailed design of the pipework and ventilation systems.

Representing a private client in a claim in arbitration against architects. Issues included the liability of the architect for delay and loss resulting from late or inadequate design information and for water ingress due to the defective design.

Representing a firm of architects in defence of a claim in the TCC. Issues included the measure of loss for loss of use of residential premises and the responsibility of the architect in relation to design undertaken by specialist subcontractors.

Representing property investors in a claim against engineers in the TCC. The claim arose from the purchase of premises for retail development. The land was found to be contaminated and the purchasers that the engineers had been negligent in failing to inform them prior to purchase. Other issues included whether the ACE Conditions had been incorporated in the terms of engagement and the effect of limitation provisions.

Commercial

Steven is instructed in more general commercial areas including shipbuilding and insurance cases. Recent cases include the following:

Representing the Dutch owners of the Solitaire pipe laying vessel in a complex dispute with a Singapore shipyard. Issues included the owner's entitlement to recover the cost of completing the conversion of the vessel from a bulk carrier to a pipe laying vessel in the UK. The sums claimed were in the region of EUR350m. The dispute was dealt with in arbitration under the LMAA rules.

Acting for the owners of vessels constructed in China alleging that 6 cargo vessels were deficient in a number of respects. Issues included the effect of warranties of performance and entitlement to damages for breach. The disputes were referred to arbitration under the LMAA rules.

Advising and representing insurers of sub-contractors in defence of a subrogated claim made by the insurers of main contractors where the main contract had required the main contractor to effect all risks joint names insurance. Issues included whether the parties were co-assureds under the terms of a joint names all risks policy obtained by the main contractor.

Obtaining an urgent mandatory injunction on behalf of hotel owners for the delivery up of fittings which had been removed from a hotel at Gatwick by suppliers who alleged that they had not been paid by an insolvent main contractor.

Recently Reported Cases

Carillion v Worcestershire CC (and ors) (2002) 84 Con LR 63 : scope of local authority's obligations to a main contractor in contract and in tort in relation to the removal of asbestos from premises under redevelopment.

Proctor & Gamble v Carrier Holdings Ltd (and ors) [2003] BLR 255 : limitation in contract and tort - whether breach of collateral contract is at the date of contract or the date of delivery and when loss was suffered for a cause of action in tort.

Bella Casa v Vinestone (and ors) [2006] BLR 72: damages for loss of use of property - whether interest on capital lying idle recoverable.

Recommendations

"Steven Walker... offers a practical perspective and gets results" Chambers and Partners 2008 Construction

"Steven Walker is recommended for his very considered approach" Legal 500 2007/8 Construction

"The bright and tenacious Steven Walker" Chambers and Partners 2007 Construction

"Clients find Steven Walker's 'nakedly intellectual' style illuminating and hugely beneficial in complex cases" Chambers and Partners 2006 Construction

"Prospects are seen to be bright for a 'tenacious and commonsensical' barrister" Chambers and Partners 2006 Construction