Mark Smith

Call 1995

msmith@exchangechambers.co.uk

"He is an excellent counsel with first-class construction knowledge."

Chambers and Partners 2019
Photo of Mark Smith

Construction

Mark is a construction law specialist. He has a wide and varied background having worked in both private practice and for contracting organisations as a chartered quantity surveyor prior to being called to the Bar. Mark is a Fellow of the Royal Institution of Chartered Surveyors and a Fellow of the Chartered Institute of Arbitrators. Mark has also spent time as a solicitor.

He provides pragmatic and commercially focused legal advice which draws on his first-hand experience of the construction and engineering industries. He is skilled in the drafting, analysis and negotiation of contract documentation and in the avoidance, management and resolution of disputes.

Mark has extensive experience of both arbitration (domestic and international) and adjudication proceedings and has lectured widely on construction law matters in the UK and across Europe.

He also has substantial experience of the forms of contract in common use within the industry such as JCT, NEC3 and FIDIC. He is accredited as an adjudicator by the RICS, the CIArb, the Construction Industry Council and TECBAR and as an arbitrator by the CIArb and TECBAR. He is pleased to accept appointments as either adjudicator or arbitrator.

Construction Cases

A sample of cases with which he has been involved is given below:

Advising in relation to numerous construction adjudications in addition to acting as the tribunal.

Advising concession company in relation to substantial dispute with Greek State concerning PFI motorway project with value in excess of €3bn.

Advising major contractor in relation to ICC arbitration against former joint venture partner concerning PFI hospital project.

Representing major multinational contractor in TCC proceedings for enforcement of adjudicator’s decision.

Advising Korean organisation in arbitration with JV partner concerning water storage project in UAE.

Advising UK engineering company regarding adjudication against German organisation including subsequent enforcement.

Advising public sector client and leading team in relation to major dispute and latterly arbitration (£200m approx) with international civil engineering joint venture concerning capital city metro scheme.

Advising rail authority on contractual arrangements concerning nationwide signalling upgrade programme.

Advising NHS Trust in relation to multi-million pound dispute concerning construction of new hospital units including acting as advocate in related arbitration proceedings.

Advising regional contractor regarding disputes and related adjudication proceedings concerning two hospitals in Birmingham.

Representing major M & E subcontractor in relation to serious of adjudications on projects across UK concerning hospital and racecourse projects.

Presenting lecture programme on construction contract law for members of a major UK engineering contractors’ association. Also, presenting construction law lectures in Italy, Spain, Denmark, Norway and Sweden on contractual matters generally and FIDIC in particular.

Advising major engineering subcontractor in relation to a multi-million pound dispute with major UK contractor concerning new hospital project in Derbyshire including acting as advocate in subsequent adjudication proceedings.

Acting for joint venture developer as advocate in relation to arbitration against joint venture partner concerning residential housing scheme.

Representing civil engineering/geotechnical subcontractor as lead advisor and advocate in arbitration against national contractor concerning ‘geogrid’ earth retaining structure at new DIY warehouse project.

Advising national contractor in relation to dispute with Premiership football club concerning construction of new stadium including acting in associated conciliation. Representing local authority as advocate in arbitration against civil engineering contractor concerning new leisure facility.

Advising local authority in relation to construction of new aquatics complex. Advising major Ports group on its contract strategy for procurement of new civil engineering and building projects including drafting necessary documentation.