A Chartered Quantity Surveyor, Jonathan was called to the Bar in 2008 and became a tenant of Chambers on 1st August 2009. He combines strong commercial, analytical, advisory and advocacy skills with a pragmatic and approachable manner. Jonathan undertakes work in the following areas:

• Construction
• Engineering
• Professional Negligence
• General Contract
• Process
• Technology / IT Project disputes
• Public Utilities
• Environmental

Jonathan has over 20 years experience in the construction industry, having worked for 10 years as a contractor’s quantity surveyor and a further 10 years as a consultant specialising in all aspects of construction law. He draws on his significant knowledge and expertise in this field and practises exclusively in all matters relating to construction and engineering.

Jonathan has experience of matters relating to amongst other things: residential building works; subsidence and tree root related damage; general property damage claims; delay/extension of time matters; claims for loss and expense; liquidated damages; defective work; final account matters; certification issues; disruption claims; professional negligence; negligence and nuisance claims.

Together with litigation, Jonathan has extensive experience of adjudication, arbitration, mediation and other forms of ADR. He is able to advise, draft and represent parties in all forums. His experience has involved all the major standard forms of contract such as JCT, NEC, ICE, FIDIC, MF/1.

He has a wide range of experience in contractual and commercial matters, and the management and resolution of disputes, particularly in the care and conduct of proceedings and the preparation of submissions. He also has experience in the preparation of detailed factual evidence for use in all dispute resolution forums. Jonathan’s 20 years in industry before being called to the Bar gives him extra insight into the business, finance and commercial world.
 

Experience

Jonathan is regularly instructed in County Court and High Court (Technology and Construction Court) matters. Examples include acting on behalf of: a major utility company defending a flood related property damage claim; a national house builder defending a claim of defective design and workmanship; and an employer resisting a claim for outstanding payments and counter-claiming for defective, incomplete and delayed works.

As Counsel, Jonathan has been instructed in various adjudication proceedings, including: a matter relating to the interpretation of a liquidated damages clause; and a claim relating to new build and converted properties, with associated issues of damages, delay, disruption and extensions of time.

Prior to coming to the Bar Jonathan’s experience included: preparation of referral, response and reply submissions in numerous adjudication proceedings; preparation of statements of case in arbitration proceedings; assisting with expert witness reports in respect of planning and quantum matters; advice, opinions and reports regarding contract, quantum and delay; and the preparation of numerous construction and engineering claim submissions. Examples include:

Adjudication

• Design and installation of power generation equipment - drafting of a referral and a reply to a response in respect of the contractual interpretation of limitation to a liability clause - dispute value £450,000
• Construction of a new road and bridges – drafting submissions regarding an extension of time and costs - dispute value £900,000

Arbitration

• Hospital - assistance with the preparation of a statement of case for delay and additional cost - dispute value £1.2 million

Expert

• Autoclave construction - assistance given to the expert in respect of planning and quantum aspects - dispute value £820,000 (case reported:   Motherwell Bridge v Micafil (2002) CILL 1913)
• Hospital - assisting in the preparation of the variation account - dispute value £1.2 million

Contractual Advice

• Utilities Infrastructure Network - £750 million 5yr Framework Contract - preparation of a various opinions and reports relating to measurement issues, contractual matters and claims
• Upgrade works to rail network - report highlighting the risks and opportunities of the contract - value £22 million

Claim Preparation

• Construction of a new Transport Interchange Facility - head of a ‘value recovery team’ and preparation of claim documents relating to prolongation, delay and disruption - dispute value £6,500,000
• Construction of a new A road - claim document regarding extension of time and costs - dispute value £900,000

Seminars

‘Adjudication Case Law Update’; October 2011
‘Introduction to Negligence and the drafting of Witness Statements’; October 2011
'Introduction to Drafting Claims, Defences & Witness Statements'; November 2010
'Introduction to Claims, Defences, Evidence, Pre-Action Protocols and CPR Part 18'; September 2010

• Fellow of the Royal Institution of Chartered Surveyors (FRICS)
  Fellow of the Chartered Institute of Arbitrators (FCIArb)
  Fellow of the Chartered Institution of Civil Engineering Surveyors (FClnstCES)

Download CV

• Call: 2008