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Mark Cannon QC

Construction & Engineering

"He is off-the-charts clever." "His opinion is well respected by his peers and holds weight in any negotiation." – Chambers Global (Construction), 2017

"Highly intelligent, good on paper and on his feet." "He gives very commercial advice backed up with a very strong commercial understanding of the law" - Chambers & Partners (Construction), 2016.

Mark regularly acts for employers, contractors and sub-contractors in court proceedings and arbitrations.  His work in this area includes

  • Contractual claims, including, but not limited to claims for loss and expense, extensions of time, damages and injunctive relief
  • Insurance issues
  • Insolvency issues
  • Claims against architects, engineers, project managers and quantity surveyors

Mark has been instructed in disputes concerning a wide range of buildings including hospitals, nuclear power stations, theatres, multi-storey office blocks in Docklands, housing estates, shopping centres, warehouses and container unloading facilities.

His work in this area includes disputes as to insurance coverage in a construction context, including contractor’s all risk insurance, public liability insurance and professional indemnity cover.

Mark acts in adjudications, where his ability to digest large amounts of paperwork and produce a clear, coherent case in a short time can be of particular value.

Recent and representative cases:

  • McLaughlin & Harvey Ltd v. Allianz Plc and Others: Claim by Northern Irish contractors against CAR insurers and M&E sub-contractor.  Mark was instructed on behalf of the contractors.  The case settled on the second day of a 4 week trial in April 2016 on terms which were satisfactory to Mark’s clients.
  • X v. Y: Mark is currently acting for a project manager in an LCIA arbitration concerning a vast development in Russia.
  • A v. B: Mark defended a sub-contractor against a claim for negligent design/specification and a claim by the sub-contractor against a firm of engineers. The claim settled on favourable terms in 2015.
  • Co-Operative Group Ltd v. Birse Developments Ltd [2014] EWCA Civ 707; [2014] BLR 477 and other decisions: Mark acted for specialist flooring sub-sub-contractors and successfully argued that proposed amendments substantially increasing the amount claimed should not be allowed.
  • MAC Hotels Ltd v. Rider Levett Bucknall UK Ltd [2010] EWHC 767 (TCC): Mark defended project managers against a multi-million pound claim arising out of substantial refurbishment of a country house hotel.
  • Supershield Ltd v. Siemens Building Technologies FE Ltd [2010] EWCA Civ 7; [2010] 1 Lloyd’s Rep. 349: important case on foreseeability and causation of loss.
  • Tesco Stores Ltd v. Constable [2008] EWCA Civ 362; [2008] Lloyd’s Rep. I.R. 302: leading case on scope of public liability insurance in relation to a substantial construction project.
  • Royal Brompton v. Hammond: Mark acted for the NHS trust in an arbitration with the main contractor and then on claims against the professional team.  The litigation was hard fought over many years and involved several trips to the Court of Appeal and one to the House of Lords.