Jonathan Acton Davis KC

Construction, Engineering & Infrastructure

Throughout his career Jonathan has dealt with the whole range of issues arising in the field including the interpretation of Standard Forms of Contract such as JCT, NEC, FIDIC and ICE, contractors’ claims for loss and expense, defects claims, residential and commercial buildings, housing estates, motorway widening schemes, road construction, town and city redevelopments, bottling plants, shoreline breakwaters, the construction of manufacturing and process plant, mining, the causes and effect of fire, landslips and building collapses, and local authority and central government work.

International

• Advising and acting in High Court litigation between American corporations arising out of a process plant in Ireland and taking part in the New York mediation processes which resulted in compromise of the claims.
• Advising and acting in an ICC arbitration for a Lebanese employer concerning the engineering works intended to result in the remediation of a landfill site in Beirut used between 1975 and 1994 for the disposal of construction waste, municipal waste and unexploded ordinance.
• Advising and acting in an ICC arbitration for a main contractor concerning the construction of new terminal buildings, aprons, taxiways, car parks and roads at Bole Airport, Addis Ababa, Ethiopia.
• Advising and acting for a Middle Eastern Government in two unrelated arbitrations in Oman in relation to claims brought by the contractor arising out of the design and construction of highways.
• Advising contractors concerning two major highway disputes in Nigeria that were part of West Africa’s first Public Private Partnership (PPP) Project.
• Advising a sub-contractor and preparing submissions for an arbitration appeal in the Republic of Ireland.
• Advising a contractor in a Highway dispute in Lebanon.
• Advising the Government of Gibraltar in two unrelated disputes concerning the construction of housing.
• Acting in an ICC arbitration in Zurich by a Dubai client concerning a hotel development in Baku, Azerbaijan.
• Acting in a LCIA arbitration in London between a Saudi Arabian construction company and an Indian construction company in respect of the construction of a 200km pipeline carrying drinking water across the Kingdom of Saudi Arabia, Sharia Law precepts were used.
• Appointed in international arbitrations in respect of mining disputes in Australia and Russia.

Domestic

• Acting in relation to an application to remove an arbitrator under section 24 of the Arbitration Act 1996 on the grounds of apparent bias Cofely Ltd v Bingham & Anor [2016] EWHC 240 (Comm).
• Advising both leaseholders and developers on cladding issues on high rise blocks consequent on the fire at the Grenfell Tower. Also advising a Government Department on those issues arising out of the fire.
• Acting in a case to determine costs following the successful claim to enforce an adjudicator’s decision re: a dispute concerning a new conveyor system at a West Midlands factory in Savoye And Savoye Ltd v Spicers Ltd [2015] EWHC 33 (TCC).
• Acting in a part 8 claim brought for a declaration as to the proper interpretation of a clause in a partnering contract in Lovell Partnerships Ltd & Anor v Merton Priory Homes [2014] EWHC 1615 (TCC) [2014] BLR 541.
• Advising and acting for the main contractor in a series of adjudications concerning a hospital in South London redeveloped and refurbished under PFI contracts.
• Acting on a local authority dispute arising out of an application to enforce an adjudicator’s award where the paying party objected to summary judgment on the basis that the adjudicator had failed to observe the principles of natural justice.
• Acting as advocate in a number of adjudications involving local and central government projects including a remand centre, a water treatment plant and a hospital redevelopment and refurbishment.
• Advising and acting in a claim made by a Central London hotel developer in the High Court. Embankment Place Hotels (Blackfriars) Ltd. v Blackfriars Hotels Ltd. & Anor [2003] EWCA Civ 588
• Advising and acting for an international retailer in High Court litigation arising out of defects in the construction of its anchor site and the ancillary areas. Co-Operative Retail Services Limited and Others v. Taylor Young Partnership and Others [2002] UKHL 17.
• Advising and acting for Japanese construction conglomerate Kajima in a High Court litigation in a dispute over the construction of a housing estate.
• Advising and acting for Bechtel on an adjudication arising from a dispute involving a wastewater treatment works in Scotland.
• Advising on an adjudication arising out of the Eurostar development at St Pancras.
• Advising acting for the employer in High Court litigation concerning Guernsey Airport. States of Guernsey v Jacobs UK Ltd [2011] EWHC 918 (TCC).
• Advising and acting on behalf of the manufacturer in review board proceedings between the Ministry of Defence and the manufacturer in relation to the development, manufacture and supply of missiles.
• Advising the employer in a dispute arising out of the refurbishment of two luxury hotels.
• Advising and acting for a local authority in High Court litigation concerning its acquisition of housing estates against the Seller and its professional advisors. Gold Group Properties Ltd v BDW Trading Ltd (formerly Barratt Homes Ltd) [2010] EWHC 1632 (TCC) and [2010] EWHC 323 (TCC).
• Appointed for the employer in connection with a dispute regarding the design and construction of a high quality residential and premium quality hotel development in London, comprising two Towers of 57 and 42 storeys.