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“The team is attentive and pleasant to deal with and has your best interests at heart.”

“In my 35+ years of business, Acuity Law litigation team have given the best service in terms of expertise, diversity of subject matter and legal experience and personal attention.”

Philip Graham

Partner
About
Expertise
Recent Work
Accolades

Philip is a Partner in Acuity’s Litigation & Dispute resolution team and has extensive experience in all forms of dispute resolution. He previously headed up DJM’s established construction practice for 10 years, regularly acting in complex construction matters arising from multi million pound disputes.

Philip has worked across JCT, NEC, FIDIC forms of contract in additional to bespoke conditions whilst acting for developers, public bodies, main contractors, subcontractors, design professionals, bondsmen and high net worth individuals.  During his career, Phillip has also presented seminars to the Royal Institute of Chartered Surveyors upon NEC and JCT contract terms.

  • Dispute Resolution
  • Construction & Engineering Disputes
  • Adjudication & Arbitration
  • Professional Negligence Disputes
  • Breach of Contract Disputes
    • Advising upon delay and disruption claims under a FIDIC form of contract associated with the refurbishment of a submarine dry dock including the parties respective obligations for pre-existing ground conditions, extent of professional surveys, methods of injection cement grouting and the structural stability of existing structures. Claim valued in excess of £5m.
    • Advising upon the validity of termination of a £26m JCT D&B contract related to the construction of a city centre commercial development, including delays/extension of time, disruption from variations, the validity of termination for an alleged failure to proceed regularly and diligently with work and the reconciliation exercise post termination.
    • Successfully defending claims under NEC/3 terms within adjudication in relation to a highly technical seven figure dispute related to the alleged defective design & construction of concrete suspended floors within a public service building. Successfully defeating claims of liability said to result from a failure to the required diaphragm action resulting in risk of disproportionate collapse of the structure.
    • Acting upon a £5m dispute under for a specialist steel frame design and build subcontractor under JCT terms in proceedings before the Technology & Construction Court arising from the design, supply and installation of a substantial steel frame within a mixed use development in central London. Advising upon the extent and scope of design responsibility, instructions given on site including change in design, forensic delay analysis, the extent of exclusion clauses and resulting additional costs.
    • Advising in a £2m+ dispute upon bespoke conditions related to a dispute focused upon the method of application of external façade paneling to a multi storey commercial student development, with technical issues over the existing structure and its suitability for installation.
    • Advising main contractor under bespoke terms in relation to a seven figure claim arising from the completion of infrastructure services to a hydroelectric dam project in Liberia, including final account disputes and issues of defects.
    • Successfully acting before the Technology & Construction Court in a claim of breach of contract/professional negligence of a structural engineer arising from the negligent assessment of ground conditions at a residential development of over 40 residential properties resulting in severe subsidence due to existing peat deposits. Significant complexities as regards limitation, and the pursuit of claims via the Civil Liability (Contribution) Act 1978. Claim in excess of £1.4m.
    • Advising upon claims and cross claims in relation to the contract for the construction of 2 blast furnaces upon a working steel production facility under the terms of bespoke contract conditions. Claims exceeded £10m.
    • Representing a Claimant before the International Court of Arbitration arising from the Claimants design, construction and installation of bespoke water treatment facilities for a food processing facility in Eastern Europe.
    • Acting in serial adjudications on behalf of a main contractor in relation to the wrongful termination of a JCT design & build contract in respect of a multi storey hotel and commercial premises in Poole. Successfully resisting enforcement of adjudication decision whilst successfully enforcing a seven figure cross adjudication award.
    • Successfully acting in a multi million pound dispute under NEC Main Option C arising from the construction of an eco facility within a site of special scientific interest.
    • Advising upon the terms and enforceability of a performance bond related to the construction of a 150+ bed student accommodation development where the underlying construction contract was terminated in disputed conditions. Interpretation of terms of bond and underlying basis for contract termination including forensic delay analysis.
  • The Litigation Team is ranked Tier 2 in The Legal 500.
  • The Litigation Team is ranked Band 2 in Chambers & Partners.
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