Construction
Dominic has advised on prospects, offers and strategy before proceedings, drafted proceedings for breach of contract and quantum meruit following substantial construction operations, and drafted proceedings to enforce an adjudication award.
Recent instructions
- R v N – drafted a defence to the counterclaim, denying that the claimant’s work was defective, or otherwise performed without reasonable care and skill, and asserting that the Building Regulations 2010 does not apply to part of the work (August 2026).
- S v S – successfully applied for permission to file and serve witness statements that were compliant with PD 75AC, permission for a witness to give oral evidence from outside the jurisdiction, and an extension of time to rely on a Civil Evidence Act notice (August 2026).
- R v N – successfully resisted the defendant’s application for an unless order in respect of an alleged failure to disclose, applied for an extension of time to draft, file and serve a defence to the counterclaim, and for allocation to Band 4 (the most complex) of the Fast Track (August 2026).
- T v M & Anor – drafted a reply and defence to counterclaim, including that the defence and counterclaim should be struck out and / or summary judgment entered for the claimant (February 2025).
- Advised in conference on alternative dispute resolution, the potential claim for breach of contract, potential defences to that claim, whether the contract had been terminated, quantum meruit, offers and costs, following a substantial refurbishment of two floors (November 2024).
- Drafted defence asserting that there was no reasonable grounds for bringing the claim, no cause of action was pleaded, and the claimant exchanged insufficient information before issuing the claim for the defendant to understand it (June 2024).
- Advice in conference in respect of adjournment, reallocation, what works were agreed, at what price, whether the agreement was varied, breach, expert evidence, costs and offers, in respect of a claim where the amount in dispute was over £30,000 (June 2024).
- Advice on prospects of successfully applying for summary judgment, and compliance with the Pre-action Protocol for Construction and Engineering Disputes (May 2024).
- W & Anor v G & Anor – successfully applied for relief from sanctions in respect of late filing and service of evidence, and resisted an application to summarily dispose of the appeal under the Party Wall Act 1996 (January 2024). Successfully cross-examined the claimant’s witness, and made submissions, so that the claim for about £15,000 was dismissed, and the claimant was ordered to pay £4,000 towards the defendant’s costs (January 2024).
- Advice on disclosure and whether surveyors acted ultra vires and should therefore be joined as parties to an appeal under the Party Wall Act 1996 (January 2024).
- T v M & Anor – drafted particulars in a claim for breach of contract, alternatively quantum meruit, following internal and external redecoration works and installation of antiflood devices (March 2024).
- E v B – successfully made submissions, so that the claimant company was refused relief from sanctions and therefore permission to rely on its witness statements, the claim was dismissed and the claimant was ordered to pay the defendant’s costs, despite dismissal of the counterclaim (January 2024).
- Advice in conference in respect of building works totalling about £70,000 (December 2023).
- A v H – drafted pleadings to enforce an adjudication award in favour of a home buyer against a home builder for about £26,500 and over £1,000 interest (August 2023).
- Drafted Tomlin order on behalf of a property developer, who sold a property well in excess of £1 million, before the purchaser issued a claim for breach of contract, including allegations that construction work caused the death of 12 beech and sycamore trees (August 2021).