Sharpe Pritchard LLP

Construction

Senior Partner, Head of Construction

Justin trained and taught as an economist before qualifying as a lawyer. He brings a range of skills and expertise to his role as a trusted adviser. His areas of expertise are construction, procurement and disputes.

Justin advises on all aspects of construction law, from major infrastructure and development projects to town centre regenerations. He also advises on all manner of construction disputes, is a recognised adjudication specialist, and is regularly engaged in mediations, arbitrations, expert determinations and litigation.

Justin also advises on procurement law and has a detailed and practical knowledge and understanding of all EU procurement routes. He is enormously experienced in delivering projects through competitive dialogue, the competitive procedure with negotiation and the restricted procedure. He is not only fully conversant with the relevant rules and practices, but is very well versed in market positions and understands how to get projects delivered.

Collaboration and teamwork are at the heart of Justin’s approach. He takes the time to fully understand what his client is trying to achieve and the challenges they face in doing so. He then takes a pragmatic and open-minded approach to helping them achieve their objectives. He aims to become a member of their team, someone who they not only trust, but really want to work with.

Justin works with central Government, local authorities, higher education institutions, utilities, NHS trusts, private companies, consultants and charities on a wide variety of construction and procurement projects. The work ranges from strategic advice on procurement routes to detailed negotiation of complex building contracts. He regularly leads procurements, where his role can extend to both evaluation and moderation of detailed technical submissions. He frequently briefs senior members of organisations at board level on sensitive and challenging issues. He is also regularly involved in advising on and resolving disputes, ranging from straightforward ‘smash and grab’ adjudications to highly complex contractual arguments on disputes that run into the hundreds of millions of pounds. The scope of his practice includes JCT, NEC, PPC, ICE, GC/Works and all manner of bespoke PPP/PFI contracts and project agreements.

Case highlights

Non-Contentious

Justin is currently advising central Government on a very high profile, high value capital works project, using the NEC form of contract. He is engaged to advise on all aspects, including the key strategic challenges, the construction procurement route and the wider legal obligations. Better Queensway – Justin is the lead partner on a competitive dialogue procurement for a joint venture partner for Southend-on-Sea Borough Council. This is the Council’s most significant and largest ever regeneration project. Justin led the team that advised on the 10-month procurement process that successfully procured a joint venture partnership to deliver the regeneration of the Queensway estate. The project has an anticipated capital spend of £500 million, will involve major highways works, the demolition and rebuilding of 4 tower blocks, community and civic spaces and the re-housing of large numbers of existing tenants. Justin is retained as the Council’s key legal adviser, continuing to provide input and advice on all major elements of this flagship project. Property Development Joint Venture Procurement. Justin is the lead partner on a competitive dialogue procurement for a joint venture partner for a large County Council, for projects with a gross development value in excess of £550m. Justin led the team that advised on the procurement process that successfully procured a joint venture partnership to deliver multiple schemes across the Council, including a major town centre regeneration project. Asset Development Joint Venture Procurement. Justin was the lead partner on a competitive dialogue procurement for a joint venture partner for a major Council, for projects with a gross development value in excess of £1bn. Justin led the team that advised on the 12-month procurement process that successfully procured a joint venture partnership to deliver multiple schemes across the Council, including a major town centre regeneration project. This flagship project has an anticipated capital spend of £350 million, will involve green infrastructure and highways works, the design and construction of a mixed use scheme, with private and affordable housing, community and civic spaces, including food and beverage and a cinema.

Contentious

Justin acted for a London local authority in respect of a serious health and safety breach by the contractor. The Council sought an immediate termination of the contract, whilst the contractor disputed the employer’s right to do so. The matter proceeded to adjudication, where the issues were finely balanced between arguments about proportionality and literal contract interpretation. Our arguments prevailed and the contract was successfully terminated. Acting for a public sector client in respect of a cladding and mullions claim on 3 tower blocks in West London. The Council’s position was that the contractor’s design and workmanship were both defective, resulting in the need for major replacement works. The contractor denied responsibility. The case involved complex issues of law and fact, requiring detailed legal analysis and expert reports. There were also jurisdictional issues regarding the appointment of the adjudicator. All of the contractor’s arguments were defeated, with the result that the Council did not have to pay for any of the remedial work. Regularly acting for referring and responding parties in ‘smash and grab’ adjudications, extension of time claims and loss and expense claims under all forms of contract, with a focus on JCT and NEC. Success rate of over 90% in adjudications, delivered through stand-alone unit known as SP Adjudication.

The Society of Construction Law The Technology and Construction Solicitors Association (TeCSA) The Procurement Lawyers Association Member of team that was Highly Commended for Boutique Firm of the Year at The Lawyer Awards 2019 for expertise in Public Law