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Andrew Noble LLB (Hons) [Manchester] FRICS, FCIArb, Chartered Surveyor & Chartered Arbitrator

Contact details

T:   +44 (0) 845 299 6760
andrewnoble@NobleADR.com
Skype: andrew.noble0860

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Construction law

Andrew Noble LLB [Hons], FRICS, FCIArb, Barrister at Law, Chartered Surveyor & Chartered Arbitrator

Introduction

Andrew Nobel

Andrew Noble is an experienced dual capacity Barrister at Law, Litigator, Chartered Surveyor (FRICS) and Chartered Arbitrator (FCIArb+, C.Arb), and is a member of the following Specialist Barrister Associations reflecting his practice as an experienced barrister: Chancery Bar Association, the Technology and Construction Court Bar Association, the Property Bar Association and the Professional Negligence Bar Association. Andrew is a member of Lincoln's Inn, London, and is also licensed by his professional body, allowing business clients and the public to instruct him directly. He is also a member of the Society of Construction Law and the Pyramus & Thisbe Club (Party Walls).

He provides specialist business clients with experienced specialist legal advice, drafting and representation concerning all aspects of his practice whether involving litigation, adjudication, arbitration or ADR ⁄ mediation. Andrew regularly appears before Judges and Arbitrators in his specialist areas of practice both in the UK and (increasingly) overseas.

Andrew, is also a Registered Chartered Arbitrator, Accredited Mediator and Construction Adjudicator, and is an experienced dispute resolver across all the areas of practice in which he specialises, which principally involve him acting in the capacity of chartered arbitrator, mediator or adjudicator. E.g. he has twice been appointed by the chairman of the Bar Council (Barristers' professional Body) (i) to resolve a multi-million pound sterling dispute between developers and land owners involving a complex Developer’s “overage” contract (involving the determination of the meaning of the contract with a view to ascertaining the calculation of additional payments due from a developer to a former owner of significant hectares of development land).) and (ii) substantial Landlord and Tenant dispute. He has also been appointed by Tecbar to act as construction adjudicator and by the CIArb to act as sole Chartered Arbitrator in a Construction Professional liability matter involving structural engineering. He has acted on a number of occasions as Chartered Arbitrator on Lloyd’s syndicate policies and has had numerous ad hoc appointments by agreement between the parties including to arbitrate, adjudicate and act as mediator. His practice however is primarily that of barrister at law within his specialist area of practice (below).

He is a former branch chairman of both the Chartered Institute of Arbitrators and the Royal Institution of Chartered Surveyors.

Please see the Work Undertaken section for examples of recent work.

Recommendations

Andrew is again (2012) ranked as a leading barrister in the Legal 500 legal directory in the areas of property, professional liability and construction and engineering law:

"With a great reputation in construction disputes, Andrew Noble has ‘a wealth of relevant experience on a practical level in addition to his legal abilities".

For 2013, Andrew has just been further recognised as a Leader in his field in Real Estate Litigation by the equally prestigous Chamber's and Partners directory of experienced legal practitioners. Real Estate Litigation embraces all aspects of Land, Property, and Construction litigation, arbitration and Alternative Dispute Resolution.


Areas of Emphasis

Real Property: boundaries, easements and profits, restrictive covenants, nuisance, trespass, conveyancing disputes (including land registration,adverse possession, and appeals), commercial landlord and tenant (including possession claims, dilapidations 1954 Act renewals and rent review), party walls, mortgages and charges, options, co-ownership and trusts of land, pre-nuptual agreements, property-related professional liability, and property-related insolvency.

Construction Law (Domestic & International): breach of contract claims concerning: (i) the defective quality of buildings and dwellings (design and construction including the wider conveyancing and consumer law dimensions) and their products; (ii) time - for delay and / or disruption and/or acceleration to progress and liquidated/delay damages claims, and (iii) money claims for direct loss and / or expense, damages, and final account / variations claims.(iv) Insurance claims under contracts and claims against warranty providers e.g. the NHBC and NHBC Building Control Services Limited (on behalf of both householders and registered contractors); (v) Insolvency claims involving works unpaid for and plant and material stored on or off site, retention of title claims and defences and claims under construction bonds,; (vi) Advising in relation to the interpretation of most standard forms of domestic and international construction contracts and subcontracts including substantive and procedural aspects whether in relation to termination, determination and repudiatory breaches and measure of loss. (vii) Resisting and enforcing arbitration claims (domestic & international) – see below.

Commercial: commercial & JV contracts, including vitiating factors (e.g. duress, misrepresentation and deceit), insurance contracts, partnership disputes, franchising and factoring contracts, contracts for the supply of goods and services. Unfair Terms in Consumer Contracts Regulations 1999 and UTCA 1977 (as amended), Domestic and International Arbitration Act claims (e.g. Enforcement/Challenges). Andrew is familiar with most Arbitration rules including JCT, LCIA, ICC and DIAC.

Professional liability (including fee disputes):especially (all types of) surveyors, construction professionals (including architects, engineers, claims consultants and contract administrators), office holders, insurance brokers and lawyers.

Insolvency: Security issues including bonds, guarantees and retention of title. The interaction of insolvency procedures and the substantive construction contractual issues that arise on construction projects (including under standard forms of construction contracts and subcontracts) as well as involving industry-wide use of speedy statutory adjudication.

International: Advice, Drafting and Advocacy in international commercial arbitrations in the UAE and GCC, in Commercial, Chancery and Construction matters in the Difc (including enforcement); Whether under ICC, LCIA, DIAC etc. rules. Advice on Fidic contracts and subcontracts, energy contracts, and JV contracts regarding interpretation, contract administration, breaches of contract, (and other causes of action) quantification of loss (and other remedies) e.g. arising out of construction time and money claims, defences, cross-claims, delay damages, bonds, guarantees, insolvency, insurance claims, ADR, DBs, & international Arbitration and ADR practice and procedure (including enforcement).



Background

Name  Andrew Noble LLB [Hons], FRICS, FCIArb

Call  1992 (Lincoln’s Inn, London)

Email  andrewnoble@NobleADR.com


Andrew Noble initially trained and practised as a Chartered Quantity Surveyor, becoming a specialist in the commercial and contractual management of substantial construction and engineering projects, both internationally and at home, for contracting organisations and project managers. He progressed speedily up the ranks as a chartered surveyor and his last engagement as a chartered quantity surveyor, then aged 28, was managing the finances, contractual arrangements/administration and commercial disputes on a US $1Billion new university in the desert in Riyadh, Saudi Arabia.

After ten years in practice in the UK and internationally, he transferred to the Bar where he practices exclusively in the areas of practice referred to above in litigation, arbitration, and in ADR (adjudication, mediation & expert determination).

Andrew has been involved in property & construction law all his professional life. He enjoys a nationwide (and increasingly international) practice and he accepts instructions from solicitors and directly from property and construction professionals, claims consultants and businesses large and small.

Whatever method of dispute resolution the parties have chosen, Andrew is able to bring his construction & property expertise and law to focus on the issues in hand.

As a practising Barrister at Law from leading chambers, Andrew provides advice on issues of substantive and procedural law (including in court litigation, arbitration and in ADR). He drafts and settles Statements of Case, Orders, Application Notices and Skeleton Arguments (when he appears as an Advocate before a variety of Courts and Tribunals, including the High Court and County Courts and in Arbitrations). He drafts Interim Applications (including those in relation to interim and freezing injunctions, summary judgment, striking out proceedings and for Interim payments) and (if necessary) in relation to Appeals.

Andrew regularly appears as an Advocate in the High Court (mostly Chancery and QBD divisions, including TCC) and the County Courts of England and Wales. Andrew has also been instructed and has appeared as an advocate in a number of arbitrations including, property and construction (including subsequent court proceedings enforcing or contesting the enforcement of arbitration Awards / proceedings in the High Court). He is a fully accredited DIFC Advocate.

In addition to the principle areas of his work as a Barrister, Andrew is fully accustomed to assisting Solicitors and the parties with disclosure exercises preparing witness statements and Affidavits (the latter less so these days) reviewing expert reports, and drafting correspondence.

As a dually qualified barrister at law, Andrew offers sound legal and tactical advice and can often bring innovative, cost effective and practical solutions to problems in hand. Andrew was called to the Bar at Lincoln’s Inn in 1992 and was reappointed treasury counsel in October 2003, a position he held for more than 7 years.


Professional CV

Please refer to the Achievements & Publications section.

Andrew has worked in South Africa, in the Gulf (Saudi Arabia, Egypt, Dubai, Sharjah & Abu Dhabi), and in South East Asia (Singapore and South Korea) and on cases involving The Netherlands, Spain, Pakistan, Hong Kong and Bermuda.

Examples of Work Undertaken








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