Justin Mort specialises in construction and engineering disputes, and has particular experience of energy projects, PFI projects, delay, unforeseen physical conditions and other contractor claims, professional negligence claims and other technical disputes. He is familiar with most standard forms including NEC (2nd and 3rd editions), and forms published by JCT, ICE and FIDIC. Justin regularly acts in TCC litigation, domestic and international arbitrations, adjudication and mediation.
Recent cases of interest in the TCC include Cunningham v Collett and Farmer (use of letters of intent), Heifer International Inc v Christiansen (incorporation of arbitration agreements and application of the Brussels Regulations), and BWP v HOK [2006] PNLR 5 (interpretation of the Civil Liability (Contribution) Act 1978).
Outside the TCC Justin has recently been involved with a delay claim relating to the construction of an oil production facility (LCIA arbitration) and an unforeseen physical conditions claim under a FIDIC contract in the West Indies (Dispute Adjudication Board).
Justin Mort has appeared in numerous cases arising under the Housing Grants, Construction and Regeneration Act 1996, both relating to adjudication enforcement (eg Multiplex Construction (UK) Ltd v West India Development Company (Eastern) Ltd (2006) 111 Con LR 33, Orange EBS Ltd v ABB Ltd [2003] BLR 323, David McLean v Swansea Housing Association [2002] BLR 125, Captiva v Rybarn [2006] BLR 66, Galliford Try v Michael Heal Associates (2003) 99 Con LR 19, and Simons v Aardvark [2004] BLR 117, Costain Ltd v Wescol Steel Ltd, Rossco Civil Engineering Limited v DCC, Harlow & Milner Ltd v Teasdale and the Act generally (eg HRW Contracting Ltd v Westbury Holdings Ltd and Mitsui Engineering & Shipbuilding Co Ltd v Nippon Gohsei UK Ltd). He assisted the contractor in the preparation of the House of Lords appeal in Melville Dundas v Wimpey [2007] BLR 257
Recommendations
Justin Mort is recommended as a leading junior in construction in Chambers and Partners and in the Legal 500.
“widely recognised for his deeply analytical style and impressive intellect”.
Chambers and Partners 2009
“Individual in his style and superbly thorough”
“A high-class and extremely hard-working advocate with a fine legal mind,”
“A tough fighter,”
Chambers and Partners 2008/9
..."astute mind" and meticulous touch...
Chambers and Partners 2007
“good on difficult pieces of law”
Chambers UK 2006
“gets ‘fantastic results’ in disputes involving complex points of law”
Chambers UK 2005
“effective and reliable”
Chambers directory 2003-04
“analytically sharp with a willingness to work as part of a team”
Chambers directory 2002-03
“ability to ‘roll his sleeves up on the complex technical stuff’”
Chambers directory 2001-02
Examples of recent work
Energy and process engineering, including international arbitration
- LCIA arbitration concerning the refurbishment of an oil platform in the Middle East: defending contractor’s delay claim.
- Acting for the employer in TCC litigation relating to the design and manufacture of the Pendolino (tilting) trains.
- Dispute arising out of the refurbishment of the Jubilee line under the NEC (2nd edition).
- Assisting Finola O’Farrell QC with proceedings in the TCC arising out of the procurement and construction of a fire training facility in South London.
- Claim by contractor under a FIDIC form for unforeseen grounds conditions arising out of the construction of a hydro-electric dam in Thailand.
- Dispute arising out of the delayed procurement and construction of a facility in Ukraine.
Construction and civil engineering, including international arbitration
- Acting for the contractor in a claim for extension of time arising out of a PFI hospital project.
- Claims by contractor for (a) unforeseen physical conditions and (b) force majeure, arising out of the construction of a landfill site under a FIDIC form.
- Final account dispute, including delay claim, arising out of construction of a warehouse and depot.
- Acting for glazing sub contractor in a defects claims in the TCC arising out of the construction of residential property in London.
- Acting for high-net-worth individual in TCC litigation arising out of the renovation and refurbishment of residential property in London.
- Numerous adjudications and domestic arbitrations concerning delay analysis and issues of valuation.
Professional negligence
- Architects’ and quantity surveyors’ negligence trial in the TCC, led by Paul Darling QC, arising out of the refurbishment of a shopping centre in Plymouth.
- Claim against a quantity surveyor arising out of the development of a shopping centre in Leeds.
- Acting for employer in the TCC against architect in connection with the installation of double glazing units in the River and Rowing Museum in Henley.
- TCC trial arising out of the development of a shopping centre and cinema complex in North London: respective liabilities of building services engineer and architect.
- Claim against architect arising out of use of letter of intent (TCC trial)
Professional CV
BA, Durham University
Middle Temple Jules Thorn Scholar
Called to the bar (Middle Temple)
Tenant, 2 Temple Gardens
MSc in Construction Law and Arbitration,
King's College London
Keating Chambers
Public Access Training
TECBAR Accredited Adjudicator | 1992
1992
1994
1995
1999
2003
2008
|
Membership
Society of Construction Law
Technology and Construction Bar Association
LCIA Young International Arbitration Group
King’s College Construction Law Association
Commercial Bar Association
Other Information
Justin Mort has an MSc from King’s College London in Construction Law and Arbitration and occasionally lectures at King’s. He also lectures on international construction contracts and arbitration at Queen Mary College.
He has written articles and given seminars on subjects relevant to his practice, including partnering agreements and adjudication enforcement. He has acted as an adjudicator and is on the TECBAR panel of adjudicators.
Contact UsIf you would like to discuss ways in which Keating Chambers can assist you or your organisation, please contact the Senior Clerks,
John Munton and
Nick Child, in the first instance, on +44(0)20 7544 2600. They and their teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.
<< Back to Barristers profiles