Ben Graff

Call: 2019

Email: bgraff@keatingchambers.com

Tel: +44 (0)20 7544 2600

Practice Overview

Ben Graff was called to the Bar in 2019 and became a tenant at Keating Chambers in 2020 following the successful completion of his pupillage.

Ben is developing a busy practice across Chambers’ specialisms including disputes relating to construction, engineering, procurement, professional negligence and international arbitration. During pupillage, he assisted with work involving standard form contracts including the JCT and NEC forms.

Since accepting his offer of tenancy, Ben has been involved in a number of adjudications commenced as a result of delays occasioned by the Covid-19 pandemic, drafting referrals and responses in the quick turnaround time required. He has appeared on behalf of contractors claiming extensions of time, and employers seeking to levy liquidated damages.

Before coming to the Bar, Ben volunteered for the School Exclusion Project, appearing on behalf of an excluded child at a Governors’ Disciplinary Committee and on appeal at an Independent Review Panel. In the latter, he convinced the Panel that the decision of the governing body to uphold the exclusion was irrational.

Practice Areas
  • Construction & Engineering
  • Adjudication
  • Professional Negligence
  • International Arbitration
  • Procurement
  • Energy
Construction & Engineering
  • Drafted Particulars of Claim on behalf of a building owner against a design and build contractor for problems with overheating in a block of flats.
  • Drafted Particulars of Claim on behalf of an employer levying liquidated damages.
  • Drafted Particulars of Claim on behalf of a building owner in respect of a defective concrete slab.
  • Advised building owner on force majeure provisions in the contract and their application to the Covid-19 pandemic.
  • Advised contractor on the compensation event provisions in an NEC3 contract.
Adjudication
  • Drafted a Referral claiming a sum due pursuant to the interim payment terms in the contract and applying for an extension of time for delays caused by Covid-19.
  • Drafted a Response submitting that the terms governing the release of the retention were in accordance with the Housing Grants, Construction and Regeneration Act 1996.
  • Drafted Particulars of Claim for the enforcement of an adjudicator’s award.
  • Drafted skeleton argument resisting the enforcement of an adjudicator’s award.
Professional Negligence
  • Drafted Particulars of Claim against a structural engineer regarding the collapse of a wall.
  • Drafted Defence for an architect in relation to a rock fall in Jersey.
  • Drafted a Defence on behalf of an architect in respect of a claim that cladding was not compliant with the Building Regulations.
International Arbitration
  • Advised a sub-contractor on the interpretation of final account provisions in a contract for the construction of a power station in South Africa.
  • Assisted with trial preparation for an international arbitration regarding the termination of a contract for the provision and operation of a waste-recycling centre.
Procurement
  • Drafted skeleton argument defending an application for strike out/summary judgment in a claim brought under the Defence and Security Public Contracts Regulations 2011.
Energy
  • Advised a sub-contractor on the interpretation of final account provisions in a contract for the construction of a power station in South Africa.
  • Assisted with trial preparation for an international arbitration regarding the termination of a contract for the provision and operation of a waste-recycling centre.
Case Reports
Case Date