David Horwich

Construction, Engineering & Infrastructure

David’s recent work as counsel includes:

• Five-star hotel, Hong Kong: Arbitration under the HKIAC Domestic Arbitration Rules. Claim by the design and build contractor for extensions of time and associated monetary relief under a contract governed by Hong Kong law, with a counterclaim in respect of defective works, and sums in excess of HK$40m (£4m) in dispute. Drafted a Reply and Defence to Counterclaim on behalf of the claimant contractor. (Led by Mathias Cheung and Ella Rutter).
• Five-star hotel and casino resort, Mediterranean: International arbitration under the LCIA Arbitration Rules. Claim by the design and build contractor JV for extensions of time and associated monetary relief, as well as for the additional cost of variations, with a counterclaim in respect of defective works, and sums in excess of €50m (£44m) in dispute. Instructed by the defendant employer. (Led by Stuart Catchpole KC and Ryan Turner).
• Gigafactory, Somerset: True value adjudication brought by a utilities contractor against a civil engineering subcontractor to establish the true value of an application for payment, following an alleged overpayment of approximately £2m. The claim related to the construction of two electrical substations as part of wider gigafactory project. Issues included the formation of a contract by way of a letter of intent, the operation of an alleged price cap and whether a contract was on a ‘measure and value’ basis. Instructed by the respondent subcontractor. (Led by Riaz Hussain KC).
• Social housing development, South London: Claim in the county court for alleged unpaid invoices in respect of scaffolding design work carried out during the course of a tender submission. Issues included whether such work gave rise to a contract, and whether an alternative remedy in unjust enrichment might be available. Drafted a Defence on behalf of, and advised, the defendant housing association.

In addition, during pupillage, David was involved in a wide range of construction, engineering and infrastructure disputes for which he has drafted opinions, pleadings, research notes, and skeleton arguments. He is familiar with a variety of standard form contracts, including the JCT and NEC forms, as well as having experience with bespoke agreements. This work included:

Defects

• Office buildings, South-East London: Drafted advice for a design and build contractor on limitation in respect of prospective claims downstream.
• Residential development, South London: Claim arising out of design and installation defects in a zinc standing seam roof. Drafted advice for the employer on the merits of claims under the Defective Premises Act 1972 and Civil Liability (Contribution) Act 1978; the prospects of obtaining building liability orders under the Building Safety Act 2022; and structuring the cost of remedial works so as to avoid ‘no loss’ arguments.
• Apartments constructed in a converted church, North London: Claim arising out of defective foundations. Drafted advice for a design and build contractor on the merits of its defence, the limitation position, and the prospects of contribution claims downstream.

Joint Venture

• HS2: Claim valued at £18.5m for breach of the ‘good faith’ obligations in a joint venture agreement, leading to the loss of a chance to obtain an NEC subcontract for the design and construction of concrete tunnels for HS2. Assisted with interim applications and trial preparation, including drafting research notes and written opening and closing submissions for a 7-day trial in the TCC.

Fire Safety and Building Safety Act 2022

• Apartment buildings, East London: Multi-party claim valued at £23m arising out of fire safety defects in cladding panels and external wall insulation. Drafted advice for fire engineers on the impact of the Grenfell Tower Inquiry: Phase 2 Report; and assisted with preparation for mediation.
• Apartment building, Buckinghamshire: Drafted advice for a design and build contractor on prospective claims under the Defective Premises Act 1972 and the Building Safety Act 2022, including the availability of remediation contribution and building liability orders.
• Apartment building, Surrey: Adjudication proceedings arising out of fire safety defects. Advised on the drafting of a settlement agreement against the context of the entitlement to stage payments in s. 109 of the Housing Grants, Construction and Regeneration Act 1996.
• High-rise hotel and apartment building, Canary Wharf: Claim valued at £10m arising out of fire safety defects in the internal walls and risers, raising issues surrounding waiver of rights on the transfer of the property. Drafted Scott Schedule responses in conjunction with an architectural expert.
• High-rise apartment building, Central London: Claim valued at £5.5m arising out of fire safety defects in the external walls, including issues with combustible materials and defective cavity barriers. Drafted Particulars of Claim on behalf of the developer.

Domestic Property

• Penthouse apartments, Knightsbridge: Reconfiguration works for the home of an ultra-high-net-worth individual. Drafted advice for the employer on the construction of a JCT SBCQ 2016 contract and associated bespoke ‘guaranteed maximum price’ clause.
• Grade II listed building, Belgravia: Claim valued at £8m for project management fees arising out of major renovation and construction works to form one of the most valuable private residences in London. Drafted advice and research notes on unjust enrichment and quantum meruit, the formation of oral contracts and novation by conduct; drafted skeleton argument for an application to serve the claim form out of the jurisdiction (Qatar and BVI); drafted grounds of appeal for an application for permission from the Court of Appeal.
• Private home, Hertfordshire: Claim for demolition and rebuilding valued at £2m arising out of designs for steelwork to support a newly constructed storey at the property. Drafted advice on damages issues, including ‘no loss’ points arising out of the repossession of the property by a mortgage lender; and on the prospects of obtaining security for costs .