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Ben Patten QC

Construction & Engineering

Ben has very considerable experience in construction and engineering disputes. He has appeared in a wide range of cases in the TCC, Arbitrations, Adjudications and the Court of Appeal. He has been described in Chambers and Partners as beign greatly respected by clients for his "way of presenting an argument which appeals to judges hugely," and "incredibly calm," "persuasive" approach; “a top performer who has a very concise and effective drafting, advisory and advocacy style."

Recent and current cases include:

  • Acting for certificating architects in a claim brought by a number of purchasers.
  • Acting for the employers of an auction mart in a dispute with the developer.
  • Acting for the Claimant in the groundbreaking vicarious liability case of Biffa Waste Services Ltd. v Maschinenfabrik Ernst Hese Gmbh, both at first instance in front of Mr Justice Ramsey and in the Court of Appeal (late 2008). The case is now the leading authority on the application of the control test for borrowed employees and of the extent of the application of the “extra hazardous acts” rule in Honeywill v Stein & Larkin.
  • Acting for the defendant architects in the appeal to the Court of Appeal in Hunt v Optima, an appeal from Mr Justice Akenhead, which is the leading authority on duties arising from professional consultants’ certificates
  • Acting for specialist contractors against whom a substantial claim was made arising out of a fire on the Isle of Wight.
  • Acting for a firm of contractors in a multi-party dispute concerning piling and ground improvement works for a superstore in Kent.
  • Acting for a firm of contractors on a dispute concerning variations, extensions of time and loss and expense claims in relation to a residential development in Kensington.
  • Acting for a firm of contractors in relation to a dispute over delays to a large development at Southbank London arising from a diesel spillage.
  • Acting for a demolition contractor in relation to an inter-related series of adjudications and part 8 disputes concerning contractual interpretation.

Recent and current international cases include 

  • Acting for US contractors in a dispute concerning the construction of a gas pipeline in Nigeria.
  • Acting for a Qatari developer in a dispute concerning a mixed use development in Doha.
  • Acting for an international construction consultancy group in a dispute over project monitoring in the Caucuses.
  • Acting for a Dubai based contractor in a dispute in the Dubai World Tribunal.