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Stuart Pearson LLB Law with French, PGDip Legal Practice, Ciarb Accredited Mediator

Job title: Partner
Country: United Kingdom

Membership type: Member membership
Primary branch: Wales

Personal bio

Construction, Energy and Projects partner, specialising in contentious and non-contentious construction, infrastructure, energy and major projects, from procurement to completion, for public and private bodies. I have worked on some of the UK’s largest infrastructure projects including all the current Mutual Investment Model projects, the M4 Relief Road, Hinkley Point C and Crossrail. My projects and advice on collaborative contract administration have been noted as industry best practice. I regularly deliver external training on a variety of topics and has had several articles. My construction disputes experience includes: Arbitration • Advising a main contractor in relation to a dispute in arbitration relating to a final certificate and the relationship between a valid final certificate and the operation of the time bar provisions under the contract. • Insurance Policy Dispute relating to defective repair works relating to an innovative tidal stream technology company that uses the power of the sea’s tides to provide a sustainable source of renewable electricity. Litigation • Advising a leaseholder management company in relation to the Building Safety Act 2022. We have advised on Building Liability Orders, Information Orders and ultimately Remediation Orders. We have assisted with the appointment and instruction of an expert report and coordination with fire engineers. We are currently pulling together the strategy for ensuring remediation works are carried out with full leaseholder protection to prevent the Landlord and/or Landowner recouping costs through service charges. • Advised a cladding sub-contractor in relation to a dispute arising following the Grenfell Tower fire and the subsequent reports into building regulations (including Dame Judith Hackitt’s report), and the management company for various high rise residential blocks commencing proceedings for alleged defective cladding and rendering against the main contractor. Adjudication • Representing a local authority in relation to a landslip because of road infrastructure works carried out by a main contractor. Given the proximity of the landslip to a main rail line the dispute is wider than that with the main contractor as Transport for Wales have an interest under a Basic Asset Protection Agreement. • Acting for an entertainment venue developer in its dispute with the main contractor. The dispute had several issues ranging from quality of the works to delay, from delayed venue income due to social distancing measures to delayed contractual payments. Mediation and Negotiation I have been involved in disputes that used mediation or negotiation as a resolution or to narrow the issues. Examples include assisting a college on a dispute with a consultant on two related construction projects around the operation of compensation events under the NEC form of contract. Drafted and finalised the settlement agreements following successful negotiations.