Print Barry Hembling
Barry has a wealth of experience advising on bespoke contracts and amendments to UK (e.g. JCT, NEC) and international industry standard forms (e.g. FIDIC) as well as resolving disputes.
Barry’s non contentious experience extends to projects in the UK and internationally including Denmark, Portugal, Japan, Hong Kong, Australia and New Zealand. Barry has experience of restructuring projects for employers following a contractor’s insolvency, advising on insurance issues, drafting and negotiating parent company guarantees, bonds, payment guarantees and collateral warranties with employers, funders, tenants, consultants and sub-contractors. He also advises on novation agreements, consultants’ appointments, joint venture agreements, consortium agreements and general contract management.
Barry has substantial contentious experience and is familiar with all types of dispute resolution including litigation, arbitration, adjudication and mediation. He has advised on actions in the Technology and Construction Court, final account adjudications and on domestic and international arbitrations.
Specialist expertise
Barry’s particular areas of expertise are resolving construction and engineering disputes, general commercial disputes and professional negligence actions. Barry has also been involved in a number of insolvency actions and is experienced in enforcing judgments in different jurisdictions. He also has experience of defending a contractor in a health and safety criminal prosecution.
Examples of Barry’s expertise include:
- Acting for a UK services company prosecuting a £11.2m breach of contract claim against an employer by way of High Court litigation. The matter settled without the need for a court hearing.
- Acting for a well known public authority employer defending a £1.7m final account adjudication in which approximately 85% of the contractors claim was successfully defended.
- Acting for a contractor prosecuting a £1.07m loss and expense and extension of time claim against an employer by way of arbitration proceedings. The matter settled without the need for a hearing.
- Advising an employer undertaking various multi million pound construction projects in Europe, Asia and Australasia by utilising local forms of construction contracts;
- Advising an employer on the restructuring of an £8m construction project following the insolvency of the main contractor mid way through the works;
- Advising a UK housing association on the establishment of framework agreements and advising on its procurement strategy generally for the construction of new social housing projects in London and the South East;
- Advising UK contractors tendering for Olympic projects and advising during the contractual negotiations.
Other activities
Barry presents at Fenwick Elliott hosted seminars and at construction related events. Barry also regularly provides in-house training and contributes articles to various industry publications.
Barry memberships/positions include
- Member of the Law Society
- Member of the Society of Construction Law
- Member of the Young International Arbitration Group
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In-house training
Barry provides in-house training sessions on various construction law topics. If you are interested in receiving a list of the topics covered by these sessions please contact Barry.
