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Mark Cannon QC

Construction Professionals

Extensive experience of acting for claimants and defendants including claims in relation to design, contract administration, ground investigations and foundations.

In relation to design, claims in which Mark has been instructed have involved defective architectural and engineering features and failure to provide the information to which the contractor was designed in time.

In relation to contract administration, Mark has sued and defended project managers, architects and quantity surveyors for allegedly inadequate advice as to a wide variety of matters including how to respond to issues which arise during the course of a project, cost and delay.

In relation to ground conditions, Mark has extensive experience of cases involving a range of foundations in a variety of ground conditions, from simple slab foundations to piled foundations in peat bogs and landfill sites.  Cases have included a housing estate where the houses were adequately supported by piles but the roads, paths, services and drains sank several metres and a housing development in a landfill site where negative skin friction on the piles caused the show house to collapse before the other houses had been finished.

Mark has been involved in cases concerning a wide range of buildings and structures, including complex structures such as hospitals, nuclear power stations and theatres and relatively simple structures such as warehouses.  He relishes the challenge of mastering technical engineering issues.

Mark is listed as a leading silk in the area of professional negligence in technology and construction in the current edition of Chambers & Partners.

Cases include:

  • Defending a specialist sub-contractor against a claim for negligent design/specification and acting on a Part 20 by the sub-contractor against a firm of engineers.
  • Defending specialist design and build flooring sub-contractors (Birse Developments v. Co-operative Group Ltd [2013] EWCA Civ 474; [2013] BLR 383 and [2014] EWCA Civ 707; [2014] BLR 477)
  • Defending engineers in a claim for negligent advice in relation to a system of water drainage on a development site.
  • Acting for a local authority in an arbitration against the professional firm which had managed and designed the construction of a children’s centre.
  • Defending a firm of project managers against a multi-million pound claim concerning the development of a country house hotel (recent issues as to s.14A of the Limitation Act 1980 and amendment): MAC Hotels Ltd v. Rider Levett Bucknall UK Ltd [2010] EWHC 767 (TCC).
  • Defending a firm of civil engineers against a claim for allegedly negligent design of a container unloading pavement.
  • Defending a specialist geotechnical subcontractor in relation to settlement of a large warehouse.
  • Acting for the claimant NHS trust in Royal Brompton Hospital v. Hammond litigation against project managers, architects and M&E engineers: reported decisions include [2002] UKHL 14; [2002] 1 WLR 1397 (HL) on the Civil Liability (Contribution) Act 1978.
  • Acting for consulting engineers in the defence of a claim arising out of a major tunneling project.
  • Try Build Ltd v. Invicta Leisure Tennis Ltd (1997) 71 Con LR 141: Design duties of engineers (TCC).
  • Chesham Properties v. Bucknall Austin (1996) 82 BLR 92: acting for defendant architects in claim arising out of a residential development in Belgravia: issues as to limitation and scope of duty.