Chris Kirby-Turner

Specialisms & expertise

• Contentious and non contentious construction and engineering matters. 
• Settlement of vast majority of matters at early stage through negotiations, settlement meetings, mediation, and expert determination (Alternative Dispute Resolution). 
• Acting regularly in relation to disputes concerning defective works, design issues, disputed valuations/ final account, interim payment disputes, non-payment, extensions of time, loss and expense etc.
• Formal dispute resolution proceedings – including multi party claims in the Technology & Construction Court with considerable experience in multi party construction disputes involving professional negligence, professional indemnity insurers, insurance issues and/or insolvency.
• Adjudication and adjudication support in relation to procedural matters and enforcement. 
• Drafting and negotiation of construction contracts, consultants’ appointments, warranties etc.

Past & present projects

• Successfully defended high value “smash and grab” adjudication on interim application following alleged deficiencies in certification process, leading to substantial tactical advantage in subsequent negotiations and narrowing of live valuation issues
• Negotiated outcome to a complex multi party professional negligence case concerning a highly usual mode of failure of timber structures and apportionment of liability between those with concept and detail design responsibility
• Dealing with issues arising from a professional indemnity insurer’s declinature of cover as a result of the pre insolvency actions of one of the defendants
• Resolution of complex final account disputes (concerning the “three pillars” of time, money and quality)
• Mediated outcome to a highly technical multi-party dispute concerning the failure of a major piled wall during the construction of a prestigious coastal development to enable successful completion of the project, despite the main contractor’s insolvency
• Negotiated outcome to a technical dispute affecting a school tennis centre after recommending a radar survey to successfully identify the mode and distribution of failures before destructive opening up works.

Types of client

Chris acts for a wide range of domestic and international clients including companies / partnerships, developers, main contractors, specialist subcontractors, a wide array of professional consultants, funders, education establishments, charities and individuals.

Achievements & other appointments

Chris is a member of the Society of Construction Law, TeCSA (Technology & Construction Solicitors Association) and Kent Construction Focus Group. Chris jointly hosts our highly regarded Property & Construction Club breakfasts. He studied Law at Exeter University and his LPC at the College of Law.

Profile

Chris “receives market recognition for his strong dispute resolution practice” and is praised for his “knowledge of industry practice” and “straightforward and practical approach” in, Chambers UK, where he has been ranked for a number of years as a leader in his field. Chris joined the Construction & Engineering team upon qualification in September 2008 and became Partner in 2017.