Anthony has comprehensive knowledge and experience of Litigation and ADR in construction Adjudications, Arbitrations and Mediations.
He has conducted adjudications against leading London city construction law firms in submitting Notice of intention to Adjudicate and Referral Notices, conducting arguments over jurisdiction of the adjudicator and natural justice legal and contractual arguments in general.
He has drafted pleadings and essential documents in litigation, Arbitration and Adjudication.
He has conducted litigation in the Technology and Construction Court of the High Court (including in the enforcement of the Adjudicator’s decision).
Anthony has a comprehensive knowledge and experience of Housing Grants Construction and Regeneration Act 1996 (as amended) and case law on enforcement of Adjudicators’ decisions in the Technology and Construction Court. Anthony has an in depth knowledge of every form of standard building contract.
He has advised on tender documents and terms and conditions and drafted amendments over many years.
He has advised on all associated contract documents of bonds, guarantees, collateral warranties, novation agreements and consultants’ appointments.
He has negotiated with leading city law firms on every type of building contract.
He has particular knowledge and experience of negotiation and drafting of Private Finance Initiative Hospital projects and Building Schools for the Future Facilities (BSF) Management contracts.
Anthony has a comprehensive knowledge of all Private Finance Initiative contractual documents.
He has drafted, negotiated and advised upon Facilities Management BSF contracts and Medical Equipment contracts and sub-contracts with suppliers on three major hospital projects at Havering and Roehampton in London and Leeds Oncolo12:v and Building Schools for the Future.
Construction wins for Anthony Philpott in Court and in Arbitration
In the last two years, as a Direct Public Access Barrister with the right to conduct litigation in construction disputes, I successfully represented a Claimant builder in an Arbitration related to the construction of a house in which the Arbitrator awarded a significant sum claimed plus costs after a standard form of contract had been put in place and signed by the parties, and which contained an Arbitration clause.
In the reported case of Lane End Developments Construction -v- Kingstone Civil Engineering  1BLR Part 9 at page 599 November 2020, I appeared as Direct Public Access Counsel with authority to conduct litigation and to appear in court as advocate for Kingstone Civil Engineering in a claim for enforcement of the Adjudicator’s decision. The Technology and Construction Court decided that this technical breach had the effect of depriving the Adjudicator from having jurisdiction to determine the dispute.
Last year in the unreported Technology and Construction Court of the High Court in Wintech Modular Projects Limited -v- Graybuild Limited HT-2021-000-262 I obtained summary judgment of a sum in excess of £50,000 awarded to my construction sub-contractor client plus interest and costs after a contested hearing.
Last year in the Plymouth County Court, in the case of Lester Corporation Limited -v- Dr Fateh Omar Rahim G01YX207, I represented my Defendant property developer client in a trial and helped him defeat a claim against him in connection with a multi-million pound development. I conducted the case as litigator for the Defendant and appeared as Counsel in the three- day trial. The court agreed with my submissions that a binding contract had not been made so that the breach of contract claim failed. My client was awarded indemnity costs against the Claimant company and a Director of the company.
This month in an Adjudication enforcement claim of Mayo Civil Engineering Limited v Beaumont Morgan Developments Limited HT-2021-000459 that I commenced in the Technology and Construction Court of the High Court on behalf of an unpaid Building Contractor I obtained judgment for them of circa £300,000 inclusive of interest and costs.
Contractors and Developers can instruct Anthony Philpott without going through a solicitor to run your cases through to a final hearing, when he will represent you as Counsel. This is a “one stop shop” that enables you to cost effectively engage a single lawyer to represent you throughput your case, in the same way as a US Attorney.