Christopher Reid

Construction, Engineering & Infrastructure

• Acting as junior counsel in Namalco Construction Services Limited & Ors v Estate Management and Business Development Limited (Consolidated Appeals Nos P129 of 2022 and P130 of 2022), the single-largest civil case heard in Trinidad and Tobago. The case concerned the recovery of sums paid in restitution of unjust enrichment following the invalidity of the instrument under which money was paid, namely amendment agreements which had been entered into substantially increasing the pricing of infrastructure contracts which had been let under the FIDIC Red Book. EMBD was successful before the Court of Appeal in arguing that it followed from the finding that the amendment agreements were to be set aside as a result of an unlawful means conspiracy that EMBD was entitled to recover the substantial overpayments which had been made once the works were revalued at the original contract rates.
• Acting as junior counsel (i) at first instance in BDW Trading Ltd v URS Corporation Ltd & Anor [2021] EWHC 2796 (TCC), a trial of a preliminary issue concerning the scope of a design consultant’s duty of care to a developer in circumstances in which the developer no longer had a proprietary interest in the relevant buildings and no third-party claims had been made against it; and (ii) in the subsequent appeal to the Court of Appeal in URS Corp Ltd v BDW Trading Ltd [2023] EWCA Civ 772, concerning that issue, the date of accrual of the cause of action in tort, and various issues under the Defective Premises Act 1972 in light of the changed limitation periods under the Building Safety Act 2022.
• Acting as junior counsel for defendant contractors resisting a > £12 million claim for remedial works said to have been necessary as a result of alleged defects in design and construction under a PFI Contract.
• Acting as junior counsel for a main contractor in a claim in a > £15 million domestic arbitration under a contractual indemnity against a specialist window wall sub-contractor.
• Acting as junior counsel for a major South African sub-contractor in a claim before a Dispute Adjudication Board for loss and expense arising out of delays during the construction of a coal-fired power plant.
• Acting for an operation and maintenance contractor in a dispute under a PFI Interface Agreement against a number of other parties arising out of a fire at a residential care home facility.
• Acting (as sole counsel) for a major UK contractor in a dispute with its specialist sub-contractor over the design, selection, and installation of cladding at a hotel and leisure development.
• Acting (as sole counsel) for a PFI Project Co (incorporated for the purpose of entering into a contract with an NHS Primary Care Trust) against a design and build contractor in respect of a defects dispute at a hospital.
• Acting (as junior counsel) in a dispute over the proper construction of the interim payment provisions (and a payment schedule containing a series of dates for interim payment) of the JCT Standard Building Contract 2011.
• Acting as junior counsel for Volkerfitzpatrick Limited against three defendants in a dispute over the defective design and installation of rainscreen cladding at two mixed-use buildings developed for a local authority.
• Acting as junior counsel for Goodwood Road Racing Company in a dispute with a main contractor over the design, construction, and fitting out of an aerodrome at the Goodwood Estate.
• Acting as junior counsel for the employer of a hydrocracker plant project in the Middle East in a dispute with a main contractor over allegations of failure to make regular and diligent progress and responsibility for substantial delay.
• Acting as sole counsel in the Magistrate’s Court defending a private prosecution brought for alleged breaches of the Building Regulations, contrary to section 35 of the Building Act 1984.
• Acting as sole counsel in the Magistrate’s Court challenging the validity of a Control of Noise Notice served by a local authority under section 60(7) of the Control of Pollution Act 1974.
• Advising a sub-contractor in respect of its entitlement to payment under a contract for the design and construction of a new Docklands Light Railway station and an associated Crossrail Emergency Intervention Point.
• Advising a contractor in a dispute over its entitlement to an extension of time in a claim against an international consortium over the design and construction of a major UK bridge.
• Advising the owner of a UK rare metals mine in a dispute with its operator in respect of the latter’s alleged entitlement to additional payment for equipment and the dispute resolution process which applied.

In addition to the specific examples above, Christopher has experience of advising on claims raising issues under PFI contracts generally. Recent work has included acting for a joint venture contractor with respect to potential claims arising out of construction obligations for a number of schools and drafting Particulars of Claim for an injunction restraining the employer from terminating a project agreement further to a PFI initiative.