Edward McMullen Partner

Photograph of Edward McMullen

Contact Details

“A clear, pragmatic communicator.”

The Legal 500 UK 2015
Edward specialises in non-contentious (transactional) issues arising out of construction projects and developments.
Edward has also been shortlisted for The Law Society's Excellence Awards 2015 in the 'Solicitor of the Year – Private Practice' category.  The Law Society is the independent profession body for solicitors in England and Wales.

Main areas of practice

Edward has extensive experience in dealing with development agreements, building contracts, consultant appointments, warranties and guarantees.  He has both domestic and international experience.  

Clients

Edward has acted for owners (public, private or charitable), developers, contractors, funders and consultants.  He works across a range of sectors including development & construction; retail & leisure; charities & education; banking & finance; central, devolved and local government.  

Significant experience

He has advised on a number of large infrastructure and construction projects, including the $12bn Las Vegas Sands development in Macau. Currently, much of his work comprises a mixture of commercial, residential or mixed-use development in the UK.  He advises on procurement/delivery strategy and project documentation – including the following examples:

  • Advising on purpose-built student accommodation developments near Bath and Oxford.  Framework agreements and group-company involvement required careful alignment for potential investors.
  • Fast-track roll out of new bank branch network, with complex projects at Milton Keynes, Brighton and Tunbridge Wells.  Structural alterations to existing commercial buildings are a common feature of this client's fit-out requirements.
  • Premium car dealership showrooms in multiple locations.  Efficient delivery of the suite of construction contracts is essential to satisfy forward funding investors. 
  • Review and improvement of the fit-out procurement frameworks used by a prestigious sports and leisure club network.  Understanding the client / contractor relationships and finding a commercial blend of risk sharing, mitigation and management.
  • Retirement community developments of 150 – 250 units in Wiltshire, Yorkshire and Gloucestershire.  Finance and site acquisition, planning and construction need to dovetail neatly.
  • Office projects such as the redevelopment of London's Mondial House into the 50,000 sq/m Watermark Place; the redevelopment or construction of UK regional business parks (at Reading, Coventry, Guildford and Sevenoaks) as well as landmark buildings and specialist arts projects (such as the refurbishment of the Almeida Theatre, London and the construction of The Turner Centre, Margate).
  • Advising local UK government on aspects of pre-let and speculative developments and mixed use regeneration projects at Bath Western Riverside and the Liverpool city centre Paradise Street Project.  Taking a wider perspective and can-do attitude to harmonise the many different interest groups and bargaining positions.
  • Advising UK institutional clients including pension funds and banks on property development, purchases and sales.  Rapid due diligence risk analysis of the adequacy of construction documents to satisfy funding or disposal conditions.
  • Advising the Hong Kong Government in an arbitration concerning piling problems and extensive delay at a school redevelopment in the New Territories, Hong Kong.
  • Advising Las Vegas Sands on major construction arbitration in relation to cladding work delay and disruption.  Heavily involved as the parties exchanged pleadings, undertook discovery and processed witness statements.  The respondent was advised to issue a Calderbank letter and we successfully concluded a settlement agreement shortly afterwards;
  • Advising Las Vegas Sands on major construction arbitration in relation to disputed reinforcement steel order.  Preparation of witness statements and the statement of defence.  Issues included impossibility of fulfilling order and consequential loss under the governing law of the contract.
  • Advising Las Vegas Sands on construction arbitration in relation to non-delivery of landscaping materials and disagreement over valuation of plants.  Handling case correspondence, preparing draft directions and leading the discovery process.
  • Advising UK property developer in connection with air-conditioning defects, subsidence issues and cladding failures at a commercial business park in Coventry.  Drafting the dispute notice and successfully concluded a settlement agreement shortly thereafter.
  • Assisting as a junior lawyer throughout a £34m adjudication arising out of the delayed construction of a PFI-procured detention centre.

Publications

Edward's paper won the 2008 Society of Construction Law Hong Kong Prize, with:  'Love My Tender?' The risk of Non-Reciprocation Remains, But Do Submitted Tenders Need To Be Considered Fairly?' 

Additional expertise

Edward is also qualified as a Hong Kong solicitor (non-practising) and spent 4.5 years working on major construction projects in that region.  He has a master's degree from King's College, London in Construction Law & Arbitration and experience of several major construction disputes.  He is familiar with settling construction disagreements before they harden into formal proceedings.

 

 

“Edward won the 2015 'Solicitor Of The Year' award.”

Hampshire Law Society 2015

Expertise

Edward’s Blog

The use of Escrow accounts as building works enablers

The redevelopment of one part of a building poses obvious construction risk to the remaining parts. For example, basement excavations in expensive London enclaves or fancy penthouse conversions to the top of a block.

Articles by Edward

The dangers of delaying agreement

News

Sometimes the need to get a project up and running takes top priority, even before the parties have settled all their terms of agreement.

CDM 2015 – What claims might be made?

Article

The Construction (Design and Management) Regulations 2015 ("CDM 2015") came into force on 6 April 2015, replacing CDM 2007. CDM 2015 applies to nearly every construction, engineering or development project, including small and domestic projects.

CDM 2015 – Update for the public sector

News

The Construction (Design and Management) Regulations 2015 ("CDM 2015") came into force on 6 April 2015, replacing CDM 2007. CDM 2015 applies to nearly every construction, engineering or development project, including small and domestic projects.

Related Knowledge & Resources

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Another contaminated land liability stream for developers to contend with

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Legal Viewpoint - Obligations route blocked on parking permit restrictions

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Recovering outstanding berthing fees – a guide for marinas and boatyards

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A guide for overseas retailers on UK retail leases

The purpose of this guide is to give a broad outline of the structure of retail leases in the UK, including brief details of the provisions which are usually contained in a retail lease and the reasons for those provisions.