Chris Whittington

Chris is Head of the firm’s Construction & Engineering team and has specialised in all aspects of construction matters since 1986. He leads on the team’s non-contentious construction practice. Chris advises on procurement methods and all aspects of construction and engineering project documentation. He uses his many years of experience of the construction industry and accepted industry norms to help clients secure the most appropriate contract terms. He advises client on issues that arise during the course of live projects, with a view to heading off or at least minimising potential disputes. He also deals with construction dispute resolution matters by adjudication, litigation (mainly in the TCC) and arbitration.

Wide experience of industry standard forms of building and engineering contracts (such as the JCT and NEC suites) and consultants appointments (such as RIBA and ACE)
Advising clients initiating or funding projects on the most appropriate forms of building or engineering contracts and professional appointments, whether using industry standard or bespoke forms
Advising on, drafting, vetting and negotiating building and engineering contracts (including any suitable and/or required amendments to standard forms), professional appointments, collateral warranties, performance bonds, parent company guarantees and the like
Advice and support to deal with issues arising on live projects, such as payment problems, delays, suspension of work, termination and replacement of contractors and consultants.

Acting for a major industrial company constructing a multi-million pound facility for the bulk assessment of used electrical materials (e.g. spent batteries, electronic equipment etc.)

As to the value of precious materials contained within prior to shipment of material found suitable for extraction to another plant. Drafting the numerous required construction and engineering contracts and associated professional appointments. This includes the use of contract forms from the NEC and the FIDIC standard form suites, all requiring careful and extensive amendment to ensure adherence to the client’s complex site-specific requirements. This involves frequent meetings with the client and the professional consultants to ensure the timely production and finalisation of the various complex contracts.

Acting for a developer who is converting an important listed building into a mixed use development, to be carried out in two phases.

Currently phase 1 is in progress. This has involved the drafting, negotiation and finalisation of a comprehensive suite of contracts and professional appointments, including the provision of performance guarantees from the contractor and collateral warranties from specialist sub-contractors. The project has been complicated by the need to replace one of the consultants due to significant calculation errors, with the consequential requirement for urgent replacement appointment documentation.

Acting for a company producing pre-prepared frozen food on the construction of a large kitchen extension to their factory

Involving the preparation of comprehensive construction documentation required within a tight timetable. Accordingly we drafted, negotiated and finalised a full suite consisting of a comprehensive schedule of amendments to a standard JCT building contract, various professional consultancy appointments, performance bond, and collateral warranties from consultants and specialist sub-contractors. Some of the sub-contractors have required careful handling to obtain warranties in a satisfactory form.

Acting for a property maintenance company in reviewing and amending a valuable facilities maintenance contract

Regarding a new iconic immersive media building in central London within a very tight (but achieved) timetable, ensuring that the terms were realistically achievable and sanctions not unduly onerous. This has now been successfully extended.

Acting for a care home provider in urgently appointing a replacement building contractor

To complete the works on a project, involving the drafting and negotiation of a suitable JCT contract with amendments and associated documents, to ensure that the project was brought back on track minimising any cost overruns.

Achievements & other appointments

Chris is acknowledged in leading independent guide to UK law firms, Chambers UK, as a leader in his field and is praised by clients for being ‘client-focused, hard-working and he delivers a quality outcome. He describes things in a straightforward manner and gets his point across succinctly and coherently’. The Construction team are described as being ‘down to earth’ and ‘they handle the pressure of a situation and the technical and legal aspects well’.

Chris is chairman of the Thomson Snell & Passmore Property and Construction Club, a breakfast event offering an opportunity to network for those involved in this sector in the Thames Gateway region. Together with Chris Kirby-Turner, he also provides seminars and in-house training workshops on topical construction matters to the team’s key clients and contacts.

Chris is a member of the Technology & Construction Solicitors Association (TeCSA).

Education

Chris studied classics and Law at Pembroke College, Cambridge (1975-8 – MA (Cantab)), gaining exemption from Part 1 of the Law Qualification course.

He studied Part 2 at the College of Law, Guildford. Chris Articled Clerk at Gregory Rowcliffe & Co (as they then were) 1980-2. He then qualified in 1982.

Chris joined Thomson Snell & Passmore as a Partner in September 2003.

Consultant, Construction & Engineering

Specialisms & expertise

Examples of work