Mark is a Senior Associate in the Construction team at Clarke Willmott, specialising in both contentious and transactional construction law. He has a wide range of litigious experience including handling litigation and adjudications, as well as mediation and other forms of dispute resolution procedure.
Mark also has a wide experience of non-contentious construction law including development work, project management and general procurement work, including the preparation and negotiation of building contracts, consultant appointments, warranties and other construction project documentation.
His experience includes acting for all types of clients within the construction industry including funders, developers, professional consultants, main contractors, sub-contractors etc.
Mark has a particular interest and specialism acting for clients in relation to the enforcement of Adjudicators’ Decisions and subsequent court proceedings arising out of Adjudicators’ Decisions.
Experience
Some of the Reported court cases that Mark has been involved in are:-
Hillcrest Homes Limited –v- Beresford & Curbishley Limited [2014] EWHC 280 (TCC)- A case where Mark acted for the Employer under a Building Contract seeking a declaration from the Court that an Adjudicator’s Decision relating to claims for negligent misstatement and misrepresentation were outside the ambit of the Building Contract’s provisions and thus the Adjudicator had no jurisdiction to deal with it.
Westshield Limited –v- Mr David Whitehouse and Mrs Lisa Whitehouse [2013] EWHC 3576 (TCC) – A case where Mark acted for the Employers under a Building Contract resisting the enforcement of an Adjudicator’s Decision due to the fact that the enforcing party was in a Company Voluntary Arrangement.
Severfield (UK) Ltd v Duro Felguera UK Ltd [2015] EWHC 3352 (TCC) – A case where Mark acted for a large Main Contractor in successfully defending a Summary Judgment Application in relation to the enforcement of an Adjudicator’s Decision. In doing so, we relied upon arguments that the scope of works under the Contract were outside the ambit of the Construction Act and therefore the Adjudicator did not have jurisdiction to make the decision he did.
Claremont Group Interiors Ltd v Boultbee Ldn (Marylebone) Ltd [2018] 11 WLUK 380
Mark has more recently acted for a number of large Spanish EPC contractors in numerous Adjudications concerning their work in Power Stations and large construction projects.
He has acted for a large, active Developer who is carrying out a number of funded large city-centre residential flat developments, and is responsible for drafting and negotiating the construction documentation with the Contractor, Professional Team and the Funders/Tenants.
