David specialises in domestic and international construction and
engineering projects. He has advised on a broad range of projects
including high-value residential development/refurbishment, offices,
universities, laboratories, football stadia, data centres, hotels, art galleries
and hospitals. In addition to advising on traditional construction projects,
he also has experience of major civil and rail engineering projects which
have included the West Coast Route modernisation programme and the
Channel Tunnel Rail Link.
David’s dispute resolution experience ranges from multimillion-pound
engineering, target cost and PFI disputes to more traditional disputes
involving defects, delay, termination and insolvency.
David has a particular focus on the non-contentious aspects of projects.
His expertise ranges from general procurement strategies and choice
of standard/bespoke contract through to drafting amendments and
other project documentation such as bonds, guarantees, warranties and
escrow agreements. David is experienced in all the most common forms
of building and engineering contract including JCT, ICE, GC/Works, FIDIC,
M/F, IChemE and NEC. Drawing on his previous in-house experience David
also works closely with project teams on site advising on issues as they
arise and ensuring that the scope for disputes at a later stage is minimised.
Examples of David’s expertise include:
• advising a joint venture on a major Crossrail tunnelling contract. Advice
includes project team training, negotiating key subcontract packages
and professional appointments, and ongoing project support/dispute
• advising a main contractor in relation to a £120m refurbishment of a
• advising a main contractor in connection with the extensive £75m
refurbishment of a major bank;
• advising a specialist main contractor in connection with data centre
projects (values £20m to £40m);
• advising the employer and contractor in connection with high end
residential projects (values £1m to £80m);
• advising a fit-out contractor on a £500k retention of title dispute
following the insolvency of the employer;
• advising a private individual on a £13m residential refurbishment
following the insolvency of the main contractor. Advice includes
restructuring the contractual arrangements, negotiating to employ
trades direct and dealing with the administrator’s and subcontractors’
• drafting and negotiating the main building contract, professional
appointments and associated funding aspects for major mixed use
developments in Bristol and Cardiff. Ongoing project team support role
throughout construction including re-financing, dispute avoidance/
management and advice following a flood on site;
• involvement in the development of a new stadium for a premiership
football club. Role mainly concentrated on construction aspects of the
development agreement and associated funding requirements.
David is a regular speaker at Fenwick Elliott’s seminars and provides in-
house seminars and training for clients and industry bodies such as the
CIOB. He also speaks at industry events which have included Sweet &
Maxwell’s Construction Law Conference, IBC’s International Construction
Contracts and Conflict Management conference and LexisNexis Bonds
and Guarantees Webinar. A number of David’s articles and conference
papers are available on the Fenwick Elliott website.
David’s memberships/positions include:
• Member of the Society of Construction Law.