Darryl Royce specialises in work in the construction, engineering and infrastructure, energy, natural resources and utilities and shipbuilding fields and deals with related professional negligence matters. He advises upon and acts for parties involved in construction projects, including regular appearances before Technology and Construction Court, lay arbitrators and mediators.
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’ (OUP: Oxford University Press) 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).
CONSTRUCTION, ENGINEERING AND INFRASTRUCTURE
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.
ENERGY, NATURAL RESOURCES AND UTILITIES
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.
SHIPBUILDING, REPAIR AND CONVERSION
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.
OTHER PROFESSIONAL INFORMATION
- Atkin’s Court Forms, Titles: Building Contracts 1981, 1990, 1994, 1997 & 2010; Construction Contracts 2002, 2006; Construction Courts 1998; Technology and Construction Court 2001, 2005.
- Contributor, The Legal Obligations of the Architect (editor: A. Burns) 1994.
- Editor, Technology & Construction Law Reports.
- Contributing editor, Hudson’s Building and Engineering Contracts, 12th edition.
- Author, Adjudication in Construction Law 2015