Stephen Furst specialises in construction, engineering, energy, shipbuilding and technology related disputes along with professional negligence actions within these specialist areas of expertise.
He regularly acts for clients in UK High Courts, Court of Appeal and the Supreme Court along with all forms of alternative dispute resolution. He also has a significant international practice with recent arbitrations relating to projects in Russia, Europe, Hong Kong, Korea, Republic of Ireland, Thailand and the United Arab Emirates.
He has developed a reputation for handling the most technically challenging cases and has frequently undertaken highly complex claims in areas such as pipelines, tunnelling projects, power station construction, aircraft design, oil rig design, process plants, ship building and software. His clients include developers, engineers, main contractors, shipyards, UK and foreign Governments.
He also acts as an arbitrator on domestic and international arbitrations for bodies including the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA). He is also an accredited adjudicator and mediator of considerable experience and has recently been appointed to the DRB for the Forth Replacement Bridge.
Stephen Furst is a Deputy Judge of the Technology and Construction Court and Recorder.
He is the joint editor of Keating on Construction Contracts.
Recommendations
Construction and Engineering
“Intellectually outstanding”...“first-rate and very
responsive”...“formidable knowledge of construction and engineering law”...“sensible,
level-headed judgement”..."considerable experience of undertaking cases in both Hong Kong and Singapore"..."superb ability to get to grips with technical issues and translate complicated concepts into simple matters"..."really is on the money"..."meticulously chipping his way through factually complex cases"... "deserves all the rave reviews he gets; he quickly grasps the key points in even the most complex of cases"..."a great legal brain and pure excellence of presentation" mark out Stephen Furst QC..."in a quiet and logical way he goes about making the other side look ridiculous"..."doesn't pull punches with his advice, is excellent in cross-examination and knows his stuff inside and out." ..."a first-class lawyer who provides thorough, practical and well-thought opinions in consultation and on paper." "one of the leading construction silks." “an astute cross-examiner and meticulous barrister.”
International Arbitration
"A doyen of the Construction Bar"..."hugely impressive when presenting a case"..."very calm and very persuasive"..."grasp of the issues is first-rate"..."awareness of the commercial imperatives and ability to focus on the issues quickly and clearly."...“renowned for his grasp of the technicalities, and he regularly handles cases that are of the highest factual complexity” ...“a tidy, incisive counsel who really knows his stuff”...“solid judgment that allows him to see when something won’t work”..."the highly intelligent Stephen Furst QC purveys a reputation as one of the best arbitrators around"..."sources have labelled Stephen Furst QC the brain for his outstanding intelligence and ability to handle highly technical and complex issues"..."superb legal brain."..."very good arbitration barrister," commended for his strong advocacy skills."
International Arbitration - Arbitrators
"Fantastic arbitrator"...“extremely highly thought of”... "absolutely outstanding."
Chambers and Partners / Legal 500 / Chambers Asia Pacific
Recent Work
Construction and Engineering
- Advising on a Framework Contract for a Utility.
- Advising on Framework Contract linked to NEC3.
- Advising local authority on NEC standard form as to substantial disputes on public transport project.
- Advising on claims arising out of construction of high tech laser facility.
- Appearing in Court of Appeal on pay when paid clause.
- Advising on HK arbitrations relating to claims for additional payments under or pursuant to the contracts.
- Advising on liability of contractors for pipe failure under term utility contract.
- Acting for one of the parties in a dispute over the construction of a luxury hotel in Moscow.
Energy and Nuclear
- Advising on and acting on behalf of contractor on sulphur reduction work on coal fired power station.
- Advising on liabilities in connection with construction of nuclear power plant.
- Advising in connection with a major nuclear storage site in Ukraine.
- General advice as to liabilities for work on nuclear sites.
- Several cases relating to combined cycle generators.
Shipbuilding
- Advising on termination rights under shipbuilding contract.
- Advising on professional negligence claim relating to shipbuilding dispute.
- Advising contractor on disputes relating to Royal Navy landing crafts.
Oil rigs and Pipeline
- Advising on liabilities and entitlements under pipe laying contract off Italian coast.
- Advising on disputes relating to construction of two oil rigs in South Korea.
- Arbitration proceedings relating to crude oil tanker.
Environmental
- Acting for client in connection with construction of waste incinerator.
- Advising as to liabilities arising from sewage pumping station.
- Advising as to nuisance from sewage treatment plant.
Computers
- Advising on complex contract as to liabilities for software failures.
- Representing government on software for control of human centrifuge.
- Represented clients in dispute involving computer aided design and manufacture for aircraft.
Professional Negligence
- Acting for contractor in professional negligence claim against engineers.
- Acting for private client in claim against architect.
Recent Appointments
Arbitrator
- Chairman of ICC tribunal: Design, manufacture and installation of several gas turbines for a power station in Asia.
- Sole arbitrator: Prestige housing development in the UK.
- Sole arbitrator: Dispute over liabilities concerning waste disposal
- Appointed as arbitrator in dispute concerning delivery of a computer system for a government
- Appointed by DIAC as arbitrator in a dispute relating to Dubai Airport
- ICC Arbitrator on Turkish pipeline dispute.
- Appointed by as arbitrator in a UNCITRAL arbitration concerning the construction of a road in Africa.
- Appointed as arbitrator concerning onshore processing facility in Russia.
Adjudicator
- Dispute as to the termination of a contract for the construction of a cultural centre.
- Dispute between employer and PPP in relation to upgrade work on the London Underground.
- Claim for professional negligence arising from a large commercial development.
- Approved adjudicator in a dozen CTRL (Channel Tunnel Rail Link) contracts and for Cross- Rail.
Mediator
- Mediator in dispute under PFI water treatment contract in Scotland.
- Design & Build contract for waste water treatment plant in the UK.
- A large commercial property construction project in the UK.
- Offshore oil platform engineering operations in the North Sea.
- Liability for defective work to a harbour complex in the UK.
Selected Reported Cases
- PGF II SA v OMFS CO
[2012] EWHC 83 (TCC)
- William Hare Ltd v Shepherd
Construction Ltd
[2010] EWCA Civ 283; [2010] BLR 358, [2010] 12 EG 96, 130 Con LR 1, [2010] CILL 2825, [2010] 22 EG 108
- William Hare Ltd v Shepherd Construction Ltd
[2009] EWHC 1603 (TCC), [2009] BLR 447, 125 Con LR 123, [2009] CILL 2753, [2010] BCC 332
- Gold Group Properties Ltd v BDW Trading Ltd
[2010] BLM Vol. 27 No. 7 TCC, EWHC 1632 (TCC)
- Balfour Beatty Engineering Services (HY) Ltd v Shepherd Construction Ltd
[2009] EWHC 2218 TCC, 127 Con LR 110
- Buildability Ltd v O’Donnell Developments Ltd
[2009] EWHC 3196 (TCC), [2010] BLR 122
- North Midland Construction Ltd v AE & E Lentjes UK Ltd
[2009] EWHC 1371 (TCC)
- Galliford Try Infrastructure Ltd v Mott MacDonald Ltd
[2008] CILL 2612 TCC
- Reinwood Ltd v L Brown & Sons Ltd CA
[2009] BLR 37
Publications
- Joint Editor, Keating on Building Contracts, supplement to 7th edition 2004
- Joint Editor, Keating on Building Contracts, 7th edition, 2001
- Joint Editor, Construction Law Yearbook - 1994,1995
- Developed a computerised construction law database. 1991-2003
Education and Professional Career
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BA (Hons) in Philosophy, Politics and Economics, Oxford Univeristy
Bachelor of Laws (Hons), University of Leeds
Called to the Bar
Queen’s Counsel
Assistant Recorder
Recorder
Bencher, Middle Temple
Deputy High Court Judge
Approved Arbitrator, Hong Kong International Arbitration Centre
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1972
1974
1976
1991
1992
1999
2003
2010
2011
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Other Information
Stephen conducts seminars for construction companies, quantity surveyors and solicitors on topics ranging from timeframe and termination provisions to current adjudication issues and international arbitration.
In his spare time Stephen is a keen rugby fan and despite his Scottish allegiances, can often be seen at Twickenham. He is also a bee keeper.
Contact Us
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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