Owen's expertise

 Real Estate Development

A large proportion of the development work I am involved with is in the housing sector acting for private developers, house-builders, funders and registered providers of social housing.  I also regularly provide advice to clients in relation to large commercial and mixed use developments.

This work might include:

  • negotiating development agreements, building contracts and consultant appointments;
  • drafting security documentation such as bonds, parent company guarantees, project bank account and escrow account arrangements;
  • dealing with associated documents such as collateral warranties and the grant of third party rights;
  • advising in relation to the impact of neighbour issues such as party wall matters, rights to light and nuisance claims, oversailing licences for cranes and scaffold or other access agreements;
  • advising in relation to the construction provisions of funding documents.

 Procurement

I regularly provide EU procurement advice as a member of the firm’s procurement group.

 Construction Disputes

I am experienced in dealing with the many types of disputes that can arise during the different phases of a construction project.  In addition to experience of litigation in the technology and construction court and arbitration, I have particular experience of resolving disputes in adjudications and mediations.   

Often I will act as a sounding board for clients, giving a quick view of a potential dispute or claim, so as to ensure that the client can take a view on the risks and also put itself in the best position to be able to bring or defend the claim if necessary. 

Examples of recent claims include:

  • a multi-million pound adjudication relating to a contractor’s entitlement to payment for variations;
  • a claim for defects involving claims against the contractor, contract administrator, clerk of works and latent defects policy;
  • a claim against a main contractor for failing to pay interim payments.

 Construction

I work on a wide variety of construction projects whether that is negotiating the building contract for an extension to a private house or advising in relation to a £30m m&e installation sub-contract for a tube station upgrade.

My work includes advising in relation to all the key standard forms as well as bespoke arrangements.  I have particular experience of JCT, NEC and PPC2000 building contracts, the RIBA, RICS and CIC consultant appointments and associated standard form collateral warranties.

For contractors and sub-contractors, I often provide contract “health checks”.  This is a  traffic light report to flag up risks and areas for potential amendment, together with suggested compromises, so that the areas to focus on in the negotiations can be quickly and easily identified.

I also provide advice to employers and funders, including advising on contract structures, security documentation, such as bonds, parent company guarantees, project bank accounts and escrow arrangements and all manner of other construction related contracts.

 Real Estate

Lewis Silkin is involved in all manner of real estate transactions.  This might be as simple as the purchase of a single house or involve dealing with multiple commercial and residential leases of floors and apartments in a large multi-let mixed use building or could involve purchasing development sites.  As part of the client team, I will provide input on all construction related matters.  The work varies but typically might include:

  • reviewing a warranty package for a client who is about to take a new commercial lease;
  • advising on the construction obligations for fit out works contained in an agreement for lease;
  • advising on licences to alter and associated construction contracts and appointments; or
  • ensuring that a purchaser has the benefit of all relevant site reports and planning designs when purchasing a development site.

 Housing & Regeneration

A large proportion of the development work I am involved with is in the housing sector acting for private developers, house-builders, funders and registered providers of social housing.  I have been advising social housing providers for many years and have particular experience of the issues that they face.

Typical work might include:

  • drafting development agreements and construction provisions in agreements for lease or sale;
  • providing clients with precedent amendments to the various standard form construction contracts and collateral warranties;
  • negotiating collateral warranties, building contracts and consultant appointments;
  • advising on security issues such as bonds, parent company guarantees, retentions, deferred or weighted payment structures, escrow accounts and project bank accounts.
  • advising on EU procurement issues.

I also regularly providing training for social housing providers, contractors and consultants on construction issues as part of Lewis Silkin’s seminar programmes. Have a look at our events page to see what is coming up.

 Dispute Resolution

As a specialist construction and procurement lawyer I am particularly familiar with dealing with technical and complex disputes. As well as assisting clients to resolve disputes in formal settings, such as adjudication and the Courts, I regularly provide advice to clients at the early stages of a dispute. This ensures that the client can take an informed view on the risks and merits of the claim and can take action to put itself in the best position to be able to bring or defend the claim if necessary, often saving it time and money in the long run.