Daniel Shaw

Overview

Daniel obtained a first-class undergraduate degree in law – coming top of his year – and went on to obtain a postgraduate construction engineering degree at the University of Cambridge (where he has since been invited to lecture).

Alongside his work as Counsel, Daniel is a TECBAR-accredited Adjudicator, and sits as a fee-paid Judge in the Crown Court.

Daniel is the author of Chapter 25 (Arbitration) in Emden’s Construction Law, and until 2023 also wrote the Construction Litigation chapter.

International Arbitration

Daniel has signficiant experience of international arbitration concerning major construction/engineering projects.

He has been instructed in matters concerning clients, projects, or the laws of a wide variety of countries, including England and Wales, the USA, Switzerland, Egypt, Saudi Arabia, Kuwait, Morocco, Oman, Hong Kong, the UAE, Lebanon, Qatar, Germany, and Denmark.

He has experience both of FIDIC forms, and bespoke agreements. He has experience of ad hoc, UNCITRAL, ICC, LCIA, DIA, and HKIAC arbitrations.

Examples of recent international arbitration work include:

  • A dispute between two sub-contractors concerning a national infrastructure project in the Far East, involving a claim for approximately £30m, and a counterclaim for approximately £97m. Daniel was instructed by the superior-subcontractor claimant.  The dispute involved 22 days of hearings in 2023 and 2024.

  • A dispute between an employer and a consultant concerning a infrastructure project in the Middle East, involving a claim for approximately £100m. Daniel was instructed by the employer respondent.  There was a five-day preliminary issues hearing in 2021 (at which Daniel appeared as sole Counsel), and a further 45 merits hearing days in 2022.

  • A dispute between an employer and a main contractor concerning a new motorway in the Middle East, involving a claim for approximately £90m. Daniel was instructed by the employer respondent.  There was a 13-day hearing in 2022.

Adjudication

 Examples of Daniel’s recent significant adjudication work include:

  • Acting as Adjudicator in a dispute worth approximately £6m brought by an Employer against an Architect concerning defective design and construction of student accommodation in England.

  • Defending a professional negligence claim for approximately £500k brought by an employer against an architectural practice concerning a residential project in London.

  • Pursuing claims for unpaid fees of approximately £600k brought by a design consultancy against a Chinese developer relating to a mixed-use project in London.

  • Defending a claim for £2.5m in relation to asbestos contamination during piling work brought by a main contractor against a sub-contractor concerning a residential project in London.

  • Applying for an injunction restraining a sub-contractor from pursuing ongoing adjudication proceedings and commencing afurther adjudication on the basis of an abuse of process following a previous strike-out by the County Court (see Marbank Construction Ltd v G & D Brickwork Contractors Ltd [2021] EWHC 1985 (TCC)) and pursuing the subsequent Part 8 claim for a declaration that it would be an abuse of process to enforce the Adjudicator’s award (see G & D Brickwork Contractors Ltd v Marbank Construction Ltd [2021] EWCH 3009 (TCC)).

  • Repeat instructions in four separate adjudications for the same client, defending claims for approximately £25m brought by an M&E subcontractor against a main contractor concerning a power converter station in Scotland.

  • Pursuing enforcement, and resisting a Part 8 claim, following an adjudication over an unpaid interim payment application made by a main contractor (RTS Construction Limited v Signature Building Services Limited [2019] (unreported)).

  • Repeat instructions in three separate adjudications for the same client, pursuing claims for approximately £1.2m concerning unpaid variations brought by a design consultancy against a joint- venture main contractor in relation to a rail electrification upgrade project in England.

Litigation

Daniel is regularly instructed to advise, draft pre-action correspondence, draft pleadings, and represent parties involved in construction, engineering, and general commercial litigation.

Examples of Daniel’s recent litigation instructions include:

  • Advising and representing a Hollywood film producer in a dispute over construction works at his London home, against a main contractor.

  • Advising and representing a main contractor in an application for a stay to arbitration.

  • Advising and representing a sub-contractor in relation to a claim made by a main contractor concerning a fire alarm at a large hospital in London.

  • Advising and representing a charity in relation to a defective roof at a meditation centre in England.

  • Advising and representing a building contractor in relation to a claim for unpaid fees concerning a residential development in Yorkshire.

  • Advising and representing a FTSE 100 executive in relation to a dispute with various parties concerning delays and defects at a self-build residential property.

  • Advising a subcontractor on the availability of a bona fide subcontractor defence.

  • Advising an Employer’s Agent as to whether he held a lien over his file pending payment of his fees by the Employer.

  • Advising a main contractor in respect of threatened litigation arising out of cladding of hotel in central London deemed defective following the fire at Grenfell Tower.

  • Advising a specialist sub-contractor in respect of threatened litigation arising out of cladding of (inter alia) new build properties in White City, London, considered defective following the fire at Grenfell Tower.

  • Advising an employer in respect of a professional negligence claim arising out of redevelopment of large residential property in Notting Hill, London.

  • Advising and representing a claimant in respect of a claim for non-payment, and defending a counterclaim concerning defects, arising out of the construction of a new road in west London.

  • Representing a national hotel chain in its defence of a claim for damages for breach of contract (including on appeal).