Graeme Sampson

Call 1981
Email graeme.sampson@3pb.co.uk
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Technology & Construction

Graeme has extensive experience of construction and engineering disputes. He has acted for employers, contractors, sub-contractors and professional in all types of disputes. These have ranged from highly complex technical factual disputes to claims arising under the standard forms of building contracts.

He has wide expertise of the various practical and technical issues which arise in building and engineering disputes and bring a practical and common sense view to bear on the issues in such cases.

Graeme has also advised in and appeared in adjudication and arbitration proceedings.

Recent experience

• Claim against architect in respect of works to listed church.
• Claim against engineers over defective steelworks to railways bridges.
• Claim arising from multiple issues arising out of refurbishment of listed cottage in Wales.
• Claim arising from defective curtain walling to luxury residential property.
• Claim arising from defective drains to crisp factory.
• Claim concerning interpretation of NHBC Buildmark warranty.

Notable Cases

Briggs & Forrester Electrical Ltd v Southfield School for Girls & Anor [2007] 3403 EWHC (TCC)
Multimillion pound claim arising from asbestos contamination of a school. Representing architects in 6 week TCC trial. Architect found to have no liability and recovered indemnity costs.

Bryen & Langley Ltd v Boston [2005] EWCA Civ 973. Court of Appeal
- formation of contract, does adjudication under JCT offend against the Consumer Contract Regulations 1999. First instance reported at [2005] BLR 28, [2004] EWHC 2450(TCC)

Ennstone Building Products Ltd v Stanger Ltd No. 1 [2002] BLR 82. TCC
- forum conveniens, contract created by correspondence.

Ennstone Building Products Ltd v Stanger Ltd No. 2 [2002] 1 WLR 3059. Court of Appeal
- proper law of contract.

Fenice Investments Inc v Jerram Falkus Construction Limited [2011]  EWHC 1678 (TCC)
whether adjudicators decision as to fees forms part of his award.

Full Metal Jacket Ltd v Gowlain Building Group Ltd [2005] All ER (D) 147 (Dec)
Building contract - Construction - Express term - Specifications of roof - Defendant providing drawing of roof to claimant prior to obtaining quote - Claimant not building roof in accordance with drawing - Whether contract requiring claimant to build roof in accordance with contract.

Hart Investments Ltd v Terence Fidler (t/a Terence Fidler Partnership) [2007] Adj LR 03/30
liability of engineer for recognised defects out with his contractual duties.

Jensen v Faux [2011] EWCA Civ 423
applicability of Defective Premises Act 1972 to refurnished and/or enlarged residential property.

Jerram Falkus Ltd v Fenice Investments Inc (No.4) [2011] EWHC 1935 (TCC)
conclusivity under JCT Design and Build 2005.

Titanium Polyurethane Seal Company v New Forest District Council [2008] All ER (D) 64 (Aug)
claim arising from alleged defective construction of sports hall floors.