Practice

Darryl Royce advises upon and acts for parties involved in construction projects, including regular appearances before Technology and Construction Court, lay arbitrators and mediators. He has experience as an arbitrator and as a mediator. He is also qualified to undertake Public Access work.

Construction, Engineering and Infrastructure

(a) Construction

Small, medium and large building cases concerning defects and loss and expense claims e.g. falling cladding from nurses’ residence in London (Gray v. T.P. Bennett & Son (1987) 43 B.L.R. 63; sub. nom. London Hospital Trustee v. T.P. Bennett & Sons 13 Con.L.R. 22); falling tiles from university buildings in Midlands (University of Warwick v. Sir Robert McAlpine Ltd. (1988) 42 B.L.R. 1, defects in yoghurt manufacturer’s dairy in Midlands; defects in pharmaceutical manufacturer’s head office in London; loss and expense claim on shopping centre on South Coast; defects in hotels in England & Wales. Forms of contract dealt with include most JCT forms.

(b) Engineering

Small, medium and large civil engineering cases concerning defects, unforeseen physical circumstances (Clause 12) and extra costs claims e.g Clause 12 and extra costs claim on new town development in North of England; Clause 12 and extra costs claim on local authority development in Essex; Clause 12 and extra costs claim on non-governmental organisation development in Wales. Various claims on M6 toll road construction. Forms of contract dealt with include I.C.E. and N.E.C. forms.

Professional Negligence

Small medium and large professional negligence cases concerning architects, engineers, solicitors and surveyors, e.g. architect’s design for insufficient elbow room for snooker hall of workingmen’s club in North of England (Stormont main Working Men’s Club & Institute Ltd. v. J. Roscoe Milne Partnership (1988) 13 Con.L.R. 127) structural engineer’s survey of block of flats in North London which moved and was later demolished; structural engineer’s design of cold store; structural engineer’s design of sea defences in North Africa.

Energy, Natural Resources and Utilities

(a) Power Generation

Cases concerning defects and extra costs claims e.g. defects in electrostatic precipitators for power station in India (Babcock Energy Ltd. v. Lodge Sturtevant Ltd. (1994) 41 Con.L.R. 45); ‘walking time’ costs claim on power station in East Anglia (Strachan & Henshaw Ltd. v. Stein Industrie (UK) Ltd. (1996) 63 Con.L.R. 132 & (1997) 63 Con.L.R. 160), CA.

(b) Oil

Preparing technical case on defects in refinery in North America with assistance of experts. Advising on potential claims arising out of commissioning dispute.

Shipbuilding, Repair and Conversion

Cases on capsize of oil platform accommodation vessel in Morecambe Bay (Hydrocarbons G.B. Ltd. v. Cammel Laird Shipbuilders Ltd (No.1) (1991) 53 B.L.R. 84, (No.2) (1991) 58 B.L.R. 123; 25 Con. L.R. 131) and building of Arctic research vessel.

Adjudication

Cases on: existence and extent of dispute (Fastrack Contractors Ltd. v. Morrison Construction Ltd. [2000] B.L.R. 168; (2000) 75 Con.L.R.33), whether more than on dispute is referable (Grovedeck Ltd. v. Capital Demolition Ltd. [2000] B.L.R.181), proceeding against companies in administration (A. Straume (U.K.) Ltd. v. Bradlor Developments Ltd. [1999] C.I.L.L. 1520), restraint of adjudication (Midland Expressway Ltd. v. Carillion Construction Ltd. (No.2)(2005) Con. L.R. 154 (and withdrawal of adjudication claim (Midland Expressway Ltd. v. Carillion Construction Ltd. (No.3) [2006] B.L.R.325; (2006) 107 Con. L.R. 205). Frequent advice to parties involved in adjudication process.

Mediation

Qualified mediator with experience.

Performance Bonds

Cases on making and resisting calls e.g. Perar B.V. v. General Surety & Guarantee Co. Ltd. (1994) 66 B.L.R. 72; 43 Con.L.R. 110, CA.

Recent Reported Cases

Cantrell v. Wright & Fuller Ltd. (2003) 91 Con. L.R. 97 (procedure leading to issue of valid final certificate under JCT form)
Holding & Management (Solitaire) Ltd. v. Ideal Homes North West Ltd. (2004) 96 Con. L.R. 114 (whether implied terms in lease re quality of materials, workmanship and fitness for habitation)
Midland Expressway Ltd. v. Carillion Construction Ltd. (2005) 106 Con. L.R. 49 (various claims on M6 toll road contract)
Midland Expressway Ltd. v. Carillion Construction Ltd. (No.2) (2005) 106 Con. L.R. 154 (withdrawal of adjudication claim)
Midland Expressway Ltd. v. Carillion Construction Ltd. (No.3) [2006] B.L.R.325; (2006) 107 Con. L.R. 205 (restraint of adjudication)
Midland Expressway Ltd. v. Carillion Construction Ltd. (2006) 107 Con. L.R. 235, CA (meaning of ‘provisional sums’)

Legal Texts

o Atkin’s Court Forms, Titles: Building Contracts 1981, 1990, 1994 & 1997; Construction Contracts 2002, 2006; Construction Courts 1998; Technology and Construction Court 2001, 2005
o Contributor, The Legal Obligations of the Architect (editor: A. Burns) 1994
o Editor, Technology & Construction Law Reports

Qualifications and Appointments

University of Bristol – B.A. (History)
Inns of Court School of Law

Other Professional Interests

Western Circuit
Technology & Construction Bar Association.
Founder Member, Society of Construction Law (Council)

Please contact our senior clerks, Simon Slattery and Justin Wilson, for further information.


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