Expertise
Mark is an experienced dispute resolution lawyer. He acts for clients in various forms of dispute resolution, including court litigation, arbitration, adjudication, mediation and negotiation.
Mark specialises in contentious construction matters, acting for a wide range of clients including housebuilders, developers, contractors and sub-contractors.
He provides strategic commercial and legal advice to clients on all types of construction disputes, relating to payment, defects and delays.
He advises clients on disputes and dispute avoidance in relation to various standard form and bespoke construction contracts, including JCT, NEC, PFI, FM, EPC and DCM contracts.
Experience
- Advising some of the UK’s largest housebuilders on fire and building safety issues. Mark provides strategic advice to his clients’ senior leadership teams on fast-moving Government policies and legislative reforms, including the Building Safety Act 2022. Mark leads a team of lawyers across Gateley’s offices to provide advice and support to clients on their potential liabilities, defending claims and pursuing recovery actions against original project consultants and contractors where possible. Mark also supports these clients on their procurement strategies for the numerous remedial projects they are required to undertake, in response to their legal liabilities and commitments made to the Government in the ‘Building Safety Pledge’ entered into by 49 of the largest developers in 2022.
- Acting for a leading listed UK housebuilder in court proceedings against its project architect and arbitration against the D&B façade sub-contractor for the costs of re-cladding two apartment buildings in Birmingham (claim quantum of approximately £3.5m). The claim against the architect settled on favourable terms before a trial listed in December 2020.
- Representing a food manufacturer in defence of an adjudication commenced by its D&B contractor. The adjudication concerned a final account dispute arising from the construction of a new manufacturing facility in Yorkshire. The contractor sought additional payment of almost £1m, asserting claims for variations and extensions of time (seeking repayment of liquidated damages). Our client disputed the claims for variations and extensions of time and made counter-claims for significant defects in the works. Following the adjudication, the parties reached a negotiated settlement which involved no net payment to the contractor.
- Advising a main D&B contractor in dispute with its employer under a JCT contract in relation to the delayed completion of a project to convert a listed building into student accommodation. Achieving a favourable outcome, securing an award of 12 weeks’ extension of time and an order for the employer to repay approximately £800,000 in liquidated damages.
- Advising a leading science and research facility owner when defending a claim under a bespoke facilities management contract (for PPM and reactive works) for unpaid invoices, then bringing a counterclaim for breaches of contract, including overcharges and defects to the closed water systems at the site.