David Toscano

David Toscano

Assistant

dtoscano [at] fenwickelliott [dot] com (Email David)

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David is a dual qualified lawyer with extensive experience in acting for contractors, employers and consultants across the building and civil engineering sectors. He is a specialist in complex and high value disputes involving energy, utilities, and rail and infrastructure projects. David has key skills in arbitration and adjudication, particularly in international forums. David also regularly presents to client and industry groups on changes in the law.

Following qualification in Sydney, David acted for commercial and residential strata corporations on building defect claims valued up to AUS$40 million. This included acting as advocate in specialist tribunals, bringing proceedings in the Supreme Court and Court of Appeal of NSW, as well as appearing in the High Court of Australia.

David’s UK experience includes a significant PFI dispute, numerous proceedings in the Technology and Construction Court (TCC), domestic and international arbitration, as well as adjudication both under the Construction Act and for FIDIC Dispute Adjudication Boards.

Specialist experience
David has principal experience in international dispute resolution processes, particularly Dispute Adjudication Boards and ICC Arbitration as mandated by FIDIC forms of contract. He has also acted in ad hoc arbitrations under the UNCITRAL and Arbitration Act rules. David has a strong understanding of the JCT and NEC contract forms.

Examples of David’s experience include:

• Acting for an Austrian civil engineering contractor in DAB and ICC Arbitration proceedings for disputes over variations and delay claims on a rail refurbishment contract in Eastern Europe, dispute value €100 million.
• Advising a developer of a proposed five star hotel and serviced apartment complex in Karachi, Pakistan, following termination of contracts for delayed completion of works including recourse to ICC Arbitration.
• Providing intra contractual and strategic advice to an Italian civil engineering contractor operating as part of an international joint venture for the construction of a high speed railway link from Tel Aviv to Jerusalem, Israel, value €290 million, in connection with disputes arising from delays in commencement of the project.
• Acting in ICC Arbitration proceedings for a European main contractor joint venture in connection with claims for over €7 million arising on a road and waste fill project sponsored by an Eastern European government, including addressing complex geotechnical expert evidence.
• Advising a UK architectural firm on proceedings in the Dubai International Arbitration Centre for unpaid design fees arising out of projects undertaken in the UAE.
• Acting for a UK M&E consultancy firm on a subrogated claim for defective design work on a new research laboratory at a university.
• Advising a leading UK contractor in a tripartite domestic arbitration claim valued at £30 million involving complex issues of construction valuation, pure economic loss damages against a statutory entity and a private insurer, insolvency options including enforcement of third party debt orders in the Technology and Construction Court and examination of judgment debtor directors, as well as 8 adjudications arising from the same project.
• Acting for a European EPC contractor in ICC Arbitration proceedings for a claim of more than €90 million arising from a dispute over works completed at termination of a turnkey contract for construction of a desalination and steam turbine power plant in Abu Dhabi, involving proceedings and expert evidence across jurisdictions.
• Acting on behalf of a leading US engineering contractor in a claim for delay and disruption costs against a public transport entity pursuant to a PFI/PPP contract worth £500 million, involving domestic adjudication, arbitration and TCC proceedings.

Other activities
David is a regular presenter at client and industry seminars, including the Hill International Masterclass and CIOB events. His recent seminars have addressed the new payment and adjudication provisions brought in by the Local Democracy, Economic Development and Construction Act 2009 as well as enforcement options for domestic and international arbitration awards.

David’s regularly contributes articles on construction topics and has recently looked at the risks posed to projects by political uprisings and the changes brought in by the 2012 ICC Arbitration Rules.

David is a member of the Society of Construction Law (SCL) and has written for Construction News.

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