Calum is a confident and articulate advocate and commands a broad commercial practice in line with Chambers profile, with experience in construction, engineering, shipbuilding, procurement and energy disputes, together with related insurance and professional negligence matters. He has particular expertise in offshore construction matters (principally semi-submersible rigs and FPSOs) in both domestic and international arbitration as well as the TCC and Commercial Court.
He is currently instructed as sole Counsel in relation to claims arising out of late and defective delivery of two semi-submersible rigs in Korea ($100m), related disputes over the delayed construction of two further semi-submersibles ($35m), and as junior Counsel in arbitration proceedings over the delayed construction of a freeway intersection in Dubai under UAE law.
Over the last 12 months he has also acted in claims arising out of the handover of vessels in Chinese shipyards and has advised in relation to anticipated proceedings concerning maintenance and upgrade works undertaken to a semi-submersible rig in Norway (c.$65m). He was recently instructed as sole Counsel in TCC proceedings concerning the handover of an FPSO vessel in New Zealand.
Calum has a busy domestic practice and is familiar with all aspects of construction law including adjudication and standard forms. He also handles general commercial and contractual disputes including those involving insurance, bonds and guarantees. He acts for and against construction professionals, valuers and claims consultants in professional negligence actions.
Outside of construction, Calum has an interest in public procurement and acts for and against contracting authorities in relation to challenges to procurement procedures under the relevant 2006 and 2009 legislation.
Calum is a consultant editor of Construction Law Reports, a contributor to Keating on Construction Contracts and co-author of three specialist construction textbooks published by the RICS. He maintains a strong interest in academic law, delivering talks and seminars on a regular basis. Calum also lectures on contract and construction law at King’s College London.
Calum accepts instructions on a public access, licensed access and pro bono basis, and is a TECBAR accredited mediator and adjudicator.
“Has an acute knowledge of construction disputes in the Middle East”
“Instructing solicitors choose him for his diligence and his personable manner”
“He has everything: he is good on his feet, good on paper, and good with clients”
(Chambers & Partners 2013, Construction)
“Hard working and good on his feet”...“a lawyer whose ability and client-friendly manner are widely praised”...“already leading many instructions”
(Chambers & Partners 2012, Construction)
“Go-to for clients and solicitors seeking a bright young procurement expert”
“in much demand by contractors and awarding authorities both for advice regarding the tendering process and for challenges”
(Chambers & Partners 2013, Public Procurement)
- Various adjudication enforcement proceedings involving jurisdictional/ natural justice challenges, stays of execution and adjudicators' awards of costs.
- Drafting pleadings and witness statements and having sole conduct of substantive adjudications up to a value of £30m.
- Disputes over temporary works design and associated HSE failures.
- Defects and business disruption claims arising out of the failures of foundations and a floor slab in a glass factory.
- Preparation of applications at first instance, notice of appeal and skeleton argument in support of permission to appeal concerning a dispute regarding the construction of a housing development in Wales.
- Extensive advisory work on the applicability and effect of the HGCRA.
- Represented both claimants and defendants suing/being sued in nuisance, negligence, trespass and withdrawal of support.
- Instructed and appeared in various interlocutory applications, including freezing injunctions, preliminary issues on questions of law, security for costs, specific disclosure and other aspects of case management.
- Instructed on behalf of a shipyard in a $35m claim relating to the delayed completion of two semi-submersible oil rigs in South Korea. Issues in dispute include the enforceability and scope of contractual liquidated damages provisions.
- Instructed in relation to disputes regarding the handover of an FPSO vessel in New Zealand.
- Instructed in relation to disputes arising out of maintenance and upgrade works undertaken to a semi-submersible rig in Norway.
- Disputes relating to the completion and handover of ships constructed in Chinese shipyards.
- Advising contracting authorities in relation to best commercial course of action when faced with the risk of challenges to procurement process resulting from failures to disclose sub-criteria and failing to advise tenderers of weighting.
- Advising local authorities in relation to the administration of a long-term waste contract, including issues relating to the permissibility of variations thereunder.
- Advising regarding challenging tenders for the award of contracts for medical supplies to the NHS.
- Advising tenderers regarding breaches in procurement processes relating to failures to provide sufficient information and lack of transparency.
- Currently instructed on three separate disputes concerning defective processing plants for aggregates (£2m), dry mortar (£60m) and glass (£2.5m).
- Acted as counsel from pleadings to PTR (involving successful applications for summary judgment, unless orders, strike out and payments into Court) in regard to a production dispute concerning a pressure injection moulding manufacturing plant.
- Preparation of preliminary claim documents for a prestigious large-scale railway infrastructure project.
- Advising on the potential and actual ramifications of numerous (700+) variations to a PFI contract concerning a major underground railway system.
- Currently instructed on behalf of insurers resisting a claim brought under a contractor’s PI cover in relation to the Wembley stadium project.
- Currently instructed on behalf of a contractor in proceedings against insurers relating to the scope of a policy indemnifying losses arising out of unpaid invoices due to employer insolvency.
- Currently instructed in proceedings concerning brokers' negligence in relation to scope of policy coverage under a construction credit insurance policy.
- Advising on the applicability of exclusion clauses under insurance policies vis a vis defective construction work.
- Advisory work and preparation of claim against architects in £2m professional negligence claim arising out of deficient specifications and project management issues relating to the construction of an aparthotel in Central London.
- Acted for and against structural engineers in relation to defective foundation design.
- Currently instructed in building surveyor’s negligence claim in relation to the purchase of a £6m property in Central London.
- Currently instructed for and against professional valuers with regard to the alleged undervalue of residential and commercial properties in pre-purchase surveys.
- Currently instructed in TCC proceedings for and against construction claims consultants with regard to the preparation of extension of time claims and adjudication services.
- Advisory work and preparation of pleadings on behalf of a large project management company defending a substantial professional negligence claim.
- Experience of proceedings before and against bondsmen in relation to both on demand and performance bonds.
Energy and Utilities
- Preparation of claims documents for a delay and disruption claim concerning a multi-billion dollar pipelay operation in the Mediterranean.
- Significant ICC arbitration arising out of the construction of a coating plant in Qatar.
- Advisory work on charging schemes for major utilities provider (water).
- Advising and drafting witness statements in respect of a multi-million pound water treatment plant in PRC/Hong Kong.
- Drafting of employer-driven amendments to the JCT 2005 suite of standard form contracts.
- Advising on, and drafting amendments to, the insurance provisions of the JCT 1998 and 2005 standard forms.
- Advising on the BPF Consultancy Agreement.
- Good familiarity with RIBA and RICS standard form conditions of appointment.
- Acted for and against local and regional authorities in PFI contract disputes.
- Acted for and against undertakers concerning diversionary works and cost sharing provisions.
- Acted for and against highway authorities regarding contracting out of highways functions, cost sharing provisions, and all relevant legislation (including New Roads and Street Works Act).
Party Walls and Boundary Disputes
- Acted in mediations concerning residential boundary disputes.
- Experience (including expert cross examination) of party wall disputes and claims in trespass, nuisance and for breach of statutory duty arising out of the same.
- Experience of applications to enforce awards from expert determination.
- Participated in Part 8 proceedings resisting jurisdictional objections to the appointment of an expert under an expert determination clause and prosecuted a cross-application to stay concurrent legal proceedings.
- Construction Claims - RICS Case in Point Series.
- Contract Administration - RICS Case in Point Series.
- Building Defects - RICS Case in Point Series.
- Consultant Editor, Construction Law Reports.
- Contributor, Keating on Construction Contracts - Ninth Edition.
Seminars and Papers
- "If you don't ask, you don't get" (Adjudication Society Newsletter, Spring 2010)
- "To participate or to Part 8" (Adjudication Society Newsletter, Spring 2009)
- Adjudication: conduct of the reference (Westfield seminar, February 2009)
- The Scope of Adjudicator’s Immunity (Construction Law Conference, March 2008)
- “It’s just not fair” – adjudication and unfair contract terms – Adjudication Society Newsletter (November 2007 edition)
- Temporary Disconformity (2007)
- Damages for distress, anxiety and inconvenience in construction disputes (2007)
- JCT 2005, NEC3 and the problem of “float” (2006)
- JCT 2005 One Year On – How to Avoid Project Delays (2006)
- An introduction to the BPF Consultancy Agreement (2006)
- An introduction to JCT 2005 (2005)
Education and Professional Career
|MA History (Double First Class), St. Catharine’s College, Cambridge University
|M.Phil. Historical Studies, St. Catharine’s College, Cambridge University
|L’Oréal (UK) Ltd
|Diploma in Law/CPE (Distinction), City University
|Bar Vocational Course (Outstanding), Inns of Court School of Law
|Pupillage, Keating Chambers
|Public Access Training
|TECBAR accredited Mediator
Awards and Scholarships
Figgis Memorial Prize for History, St. Catharine’s College, Cambridge
Lady Katherine Barnadiston Scholar, St. Catharine’s College, Cambridge
Scholar of the British Academy, Arts and Humanities Research Board
CPE Major Scholar of the Inner Temple
Falcon Chambers Prize for Land Law, City University
BVC Major Scholar of the Inner Temple
Inner Temple BVC Prize
Society of Construction Law
Technology and Construction Bar Association (TECBAR)
Commercial Bar Association (COMBAR)
Inner Temple Junior Bar Association
LCIA Young International Arbitration Group
Calum is an avid follower of Bath Rugby and thankfully can still remember the good times. Calum plays in a competitive pipe band and has competed at national and international level, including the World Championships. Calum retains a strong interest in British imperial history and has completed two papers on nineteenth-century East Africa.
If you would like to discuss ways in which Keating Chambers can assist you or your organisation, please contact Senior Clerk, Nick Child
, in the first instance, on +44(0)20 7544 2600. The teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.
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