Overview

Michael is a Partner and Head of Construction & Engineering Dispute Resolution at Gowling WLG (UK) LLP. He qualified and practiced as a Quantity Surveyor with a Tier One contractor before requalifying as a Solicitor. Michael trained at Masons where he became a Partner in 2000.  He joined Wragge & Co LLP (now Gowling WLG) in 2006.  Michael has been involved in mediation for over 25 years.  He is highly regarded by clients and his peers and is known for his pragmatic and practical approach to dispute resolution underpinned by his commercial understanding of the industry.

Experience

Michael offers a rare combination of experience as both a qualified Chartered Quantity Surveyor and practicing Solicitor. His experience as a Quantity Surveyor was focused on a wide range of complex and high value commercial projects where he gained invaluable experience of the commercial realities and drivers operating at all levels of the supply chain.  This experience has been invaluable in his legal career and has been a key part of his approach to dispute resolution.  He understands the technical and financial issues underpinning disputes. Those who have worked with him recognise his clear understanding of the commercial realities they face and his ability to find solutions against the challenging background of how the industry operates.  He is Head of Construction & Engineering Dispute Resolution at Gowling WLG (UK) LLP and has a wealth of experience in all types of dispute resolution with a reputation for advising on complex technical disputes, and those involving valuation & quantum issues, delay and disruption, drawing on his construction and commercial knowledge. He has worked on some of the largest and most complex disputes and is one of only a handful of construction solicitors that have taken a case to the House of Lords (now the Supreme Court). Michael has a been actively involved in mediation for over 25 years using his combined skill and experience to bring a different perspective to the resolution of disputes meaning he can often help to provide innovative solutions that others may not see. He is recognised by the Legal Directories as a leading practitioner in his field.

Expertise

Dispute Experience

Mediation

• Main Contractor & Specialist concrete frame contractor - Specialist cancer hospital facility - Dispute concerning Final Account - Variations, Extension of Time & Loss and/or expense

• Employer & Tenants - Main Contractor - Luxury Residential Development Leeds - Defects in the curtain walling / external envelop

• Employer &- Main Contractor - Major Sporting Stadium - Defects in concrete structure and fire protection

• Main Contractor & Employer / Architect / Subcontractor - Logistic / Distribution Facility - Defects in system roofing - Multi Party

• Employer & Main Contractor – Academy School - Dispute concerning Final Account - Variations, Extension of Time & Lossand/or expense

• Main Contractor & Sub Contractor - PFILibrary Project - Issues regarding achieving performance requirements and Non Availability Charges

• Main Contractor & Employer / Architect / SubContractor - Magistrates Court and Office Facility - Defects in roofing system

• Employer & Main Contractor, Sub contractor, Engineer - Major Inland Port Facility - Defects in docking fender system designed to facilitate the safe berthing of vessels

• Main Contractor & Sub Contractor - Residential Development - Issues regarding termination and financial consequence for the parties

• Specialist Package Subcontractor & Employer / Management Contractor - National Theatre Complex - Completion and delays to the works including claims for damages and loss and/or expense

• Specialist Sub contractor & Mechanical Consultant - Government Medical Research Facility - Errors in the design leading to additional / remedial works and costs consequences

• Employer & Main Contractor - Swimming Pool and Leisure Complex - Completion and delays to the works including claims for damages and loss and/or expense

• Employer & Main Contractor - Office and retail complex - Defects in the structural element of Façade and cladding

• Employer & Specialist Package Subcontractor – Luxury Hotel and Leisure facility - Completion and delays to the works including claims for damages and loss and/or expense

• Employer & Contractor / Sub Contractor / Consultants - ResidentialDevelopment - Defects in the works relating to fire safety and structural issues - Multi Party

• Contractor & Sub Contractor - Luxury Residential Development - Dispute concerning Final Account - Variations, Extension of Time & Loss and/or expense

• Employer & Contractor - Defects in the works and claims and counterclaims relating to the value of work carried out.  The extent and ability to omit work.

Examples of Recent Advisory Experience

• Advising an Employer in relation to issues concerning completion and final account relating to the construction of £100m sports facility.

• Advising a Developer in relation multiparty proceedings concerning a £22m claim relating to alleged defects in a large car distribution facility

• Advising specialist process plant contractor in relation to issues concerning commission and completion testing relating to a £70m state of the art automotive and propulsion research and development facility

• Acting for a developer in multiparty proceedings concerning fire safety issues relating to the design and construction of one phase of a large residential development

• Advising a major term maintenance contractor in relation to liabilities arising for the termination of a £50m planned and reactive maintenance to a portfolio of over 2000 properties

• Acting for a developer in multi party proceedings concerning a £20m claim relating to the construction of a large concrete hardstanding as part of the infrastructure to an automotive production facility

• Advising a modular construction company in relation to issues arising out of a multi million pound contract for the design, supply and installation of modular residential units

• Advising a major contractor in relation to issues concerning delays due to the impact of the Covid 19 pandemic relating to the refurbishment of a number of high rise residential blocks where residents remained within the units during the works

• Advising a specialist services contractor in relation to issues arising out of the termination of a contract for the construction of a waste to energy facility.

• Advising a transport infrastructure provider in relation to the design and construction of a new bus and tram hub

• Acting for mechanical and electrical contractor in relation to the issues arising out of the design and construction of a new sports facility part of a major UK sporting event.

Qualifications

Academic Qualifications

BSc (Honours) Quantity Surveying – First Class

LLB - Distinction

Solicitor – England & Wales

Solicitor – Ireland

Fellow of the Royal Institution of Chartered Surveyors

Member of the Chartered Institute of Arbitrators

Professional Qualifications

Member of the Law Society of England and Wales

Member of the LawSociety of Ireland

Member of the Technology and Construction Solicitors Association

Regional Coordinator of the Society of Construction Law

Independent Recognition / Directories

Legal 500 - 2025 - Leading Individual

Chambers & Partners 2025 - Leading Individual

Best Lawyers UK 2025 - Ranked Individual

"He is my go-to when I need help, is very calm under pressure, very knowledgeable, and always delivers."
''He provides an excellent personal, practicable and knowledgeable service."
‍(Chambers & Partners – 2024)

Selection of Reported Cases

Alfred Mcalpine Construction Limited-v-Panatown Limited. Represented the successful contractor in an appeal to the House of Lords [2000] UKHL 43, [2000] 4 All ER 97, [2000] 3 WLR 946, [2001] 1 AC 518) in relation to a landmark decision regarding privity of contract and the ability of a non building owner to recover more than nominal damages.

Alfred McAlpine Construction Limited-v-Forum Architects (a Firm). Represented the contractor in London HighCourt [2002] EWHC 1152 (TCC) ; [2002] CILL 1880 ; [2002] BLR 378 in relation to a preliminary issue concerning whether the defendant partnership was the undisclosed principle of the service company that had carried out various design work to a commercial development.

Shepherd Construction Limited-v-Mecright Limited. Represented the successful applicant contractor in London High Court [2000] BLR489 in relation to an application for a declaration relating to the status of asettlement agreement and the ability of a party to refer to disputes toadjudication. This was one of the first cases dealt with by the Courts inrelation to the enforcement of Adjudicators' decisions.

London & Regional (St George’s Court) Limited-v-Ministry of Defence and Secretary of State for Defence. Represented the successful claimant contractor in London High Court ([2008] EWHC 526 (TCC); (2008) SJLB 28)) andCourt of Appeal (Civil Division) ([2009] EWCA Civ 1212; [2009] BLR 20; 121 ConLR 26; [2009] CILL 2651; [2008] 45EG 100 (CS)) in relation to issues such as certification, capacity and “no loss” arising out of a dispute over the redevelopment of a building in central London.

William Hare Limited-v-Shepherd ConstructionLimited; C R Reynolds Construction Limited. Acting for and advising the defendant main contractor in London High Court proceedings ([2009] EWHC 1603 (TCC)) and in theCourt of Appeal (Civil Division) ([2010] EWCA Civ 283; [2010] BLR 358; 130 ConLR 1; [2010] 2 EGLR 10; [2010] 22 EG 108; [2010] CILL 2852; [2010] 12 EG 96(CS). The substantive issue in dispute concerned the scope and operative effect of a clause in various sub-contacts under which the main contractor argued it was not required to make any further payments to its sub-contractors on a £200 million project for the construction of a retail.

Thomas v Taylor Wimpey Developments & Others Acting for the defendant developer in High Court Proceedings [2019] EWHC 1134. The court found that the builder did not owe a duty of care to the homeowners in tort in respect of pure economic loss. There was no exception where a building stood so close to a boundary that it represented a danger to persons or property on neighbouring land.

Articles

Examples of Publications

Can Insolvent Companies a dispute to Adjudication? - Gowling WLGInsight - April 2020

The Basics: What you need to know about Part 36 Offers - GowlingWLG Insight - May 2019

The Winfield Rock Report - Overcoming the Legal and Contractual Barriers of BIM - February 2018 May Winfield and Sarah Rock - Contributor

Fenn, P., O'Shea M& Davies E. (2011). Commercial Conflict Management and Dispute Resolution. (1 ed.) (Spon Press). London: Taylor and Francis.

Fenn, P., &O'Shea, M. (2008). Adjudication. Journal of Professional Issues in Engineering Education and Practice, 134(3), 297. DOI: 10.1061/(ASCE)1052-3928(2008)134:3(297).

Fenn, P., &O'Shea, M. (2008). Adjudication: Tiered and temporary binding dispute resolution in constructionand engineering. Journal of Professional Issues in Engineering Education andPractice, 134(2), 203. DOI: 10.1061/(ASCE)1052-3928(2008)134:2(203).

P Fenn, C Jinks, M O’Shea (1999). New Opportunities for Expert Witnesses in Court

Fenn, Peter; Speck, Christopher; O'Shea, Michael (1995). Scientific Experts: More Attention Needed. Nature, Volume 378, Issue6558, pp. 754.