David Evans Legal Director
“An experienced construction solicitor, who has developed a highly regarded mediation practice.”
David practices as a construction lawyer specialising in dispute resolution and construction, property development and engineering contract advice.
Main areas of practice
David advises upon amendments and use of all the UK standard forms of engineering and building contracts and appointments, including JCT, NEC3, ICC / ICE, IChemE, as well as bespoke contracts, sub-contracts, development agreements, collateral warranties, performance bonds and guarantees, and contracts for energy generation projects.
David is very experienced in building, construction and engineering disputes, including claims involving professional negligence (claims against architects, surveyors, engineers, project managers and others).
Consultants, contractors and 'Employers' (including major European banks) in the preparation of construction contracts for use in UK projects and in all forms of dispute resolution.
Litigation and Dispute Resolution
- David has a wide range experience in commercial dispute resolution, acting for liquidators in carousel fraud claims against companies and directors, insolvency, commercial landlord and tenant disputes, contaminated land, acting for Housing Associations in actions against tenants, trespass, negligence and nuisance claims, personal injury and employer's liability.
- His experience includes preparation of construction contracts for major European banks to use in UK projects, and preparation of contracts for various projects for Oxford Colleges, schools and other academic institutions, medical practices, health trusts, sports facilities, commercial and office development and housing.
- In his various engineering roles, David has been involved with and advised about highways and planning agreements for developments.
- David has considerable experience in general commercial disputes including partnership disputes, shareholder and company disputes, general commercial claims for breach of contract and commercial recoveries.
- He acts in professional negligence claims of all sorts, particularly in claims relating to engineering and building projects, including, for example, claims of solicitor's negligence on the purchase of domestic and commercial property.
- David also advises in the negotiation of contracts for 'Employers' procuring construction work, and professionals seeking amendments to, and using, bespoke contracts and all the UK standard forms of engineering and building contracts and appointments so as to optimise their position and minimise risks in professional negligence claims.
Climate change: David has a particular interest in low energy building projects to Passivhaus design standards, and advises in contractual arrangements for the procurement of these projects. He also acted in disputes over the performance of buildings designed to BREEAM Excellent standards.
Public Sector: Advising public sector clients and acting on their behalf in disputes, David also acts as a mediator assisting public sector clients resolve disputes.
David spent the early part of his working life as an engineer employed by consulting engineers, contractors, highway and local authorities.
In November 2012, as part of BLResolve's team, David was appointed to the Department for Communities and Local Government "Planning Mediation Services Panel".
Social Housing: David has considerable dispute resolution experience including, landlord and tenant disputes, contaminated land, acting for Housing Associations in actions against tenants, in trespass, negligence and nuisance claims. He has also advised Housing Associations in possession proceedings and the serving of notices on tenants.
Mediation: David has established a substantial mediation practice in general commercial mediation with particular emphasis on construction and property disputes. He mediates, for example, in low value civil disputes and inheritance claims, to commercial breach of contract claims, landlord and tenant disputes, and high value commercial property and construction disputes involving substantial claims and several parties.
Arbitrator: Acts as an 'evaluator' in Early Neutral Evaluation and will accept appointments as an arbitrator.
ENE highlights include:
- Chairing a panel of three mediator / evaluators in a £10.5m dispute involving international 'household name' organisations and the acceptance by the parties of the panel's non-binding decision.
Adjudicator: David acts as an adjudicator in "construction disputes" and accepts appointments and referrals to adjudication under the Housing Grants Construction and Regeneration Act 1996. Blake Morgan is a 'adjudicator nominating body' under the 'Act'.
“...an excellent mediator.”
Articles by David
Construction lawyers always enjoy a good Court of Appeal case. When things are decided in the Court of Appeal the legal landscape usually becomes more certain, and it becomes easier to advise clients about the law.
David Evans discusses how mediation will become more popular in the construction industry. This article was published by Lexis Nexis.
In the context of construction projects, 'employers', developers and funders may need to assign construction documents (e.g. building contracts, professional appointments, collateral warranties).
Related Knowledge & Resources
Developers are geared up to carry out necessary remediation of brownfield sites through the planning process, but what happens if there is historical contamination on land that they have sold to homeowners years before?
The higher rates of SDLT are intended to apply to purchases of additional residential properties, such as second homes and buy to let properties.
As you may be aware, the new Pre-Action Protocol for Construction and Engineering Disputes comes into force on 9 November 2016.