Darryl Royce will give an ‘Adjudication Update’ at the Technology and Construction Bar Association (TECBAR) annual conference 2019. For further […]
Darryl has experience as an arbitrator and as a mediator, he is also qualified to undertake Public Access work. He also frequently advises parties involved in the adjudication process. In addition he sits on the Western Circuit, is a member of the Technology and Construction Bar Association and is a founder member of the SCL.
Darryl is the author of ‘Adjudication in Construction Law’ (Informa Law from Routledge) which brings together all the relevant material on the process of adjudication in construction. He is also a contributing editor to the publication ‘Costs Law: A practitioner’s Guide (ARK Group), ‘The Legal Obligations of the Architect’ (OUP:Oxford University Press) and ‘Hudson’s Building and Engineering Contracts’ 12th edition (Sweet & Maxwell).
He advises on 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.
Civil engineering cases include advising on 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 nongovernmental 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.
He acts for architects, engineers, solicitors and surveyors on professional negligence matters, 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.
Cases on which he has advised include 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 Industries (UK) Ltd. (1996) 63 Con.L.R.132 & (1997) 63 Con.L.R. 160), CA. He has also prepared the technical case on defects in a refinery in North America with the assistance of experts. He advised on the potential claims arising out of a commissioning dispute.
He has advised on cases relating to the 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 the building of an Arctic research vessel.