David Thomas QC was called to the Bar in 1982 and appointed Queens Counsel in 2002. His expertise lies in construction, engineering, energy, technology, related professional negligence, insurance and general commercial work. Throughout David’s career he has been known for his forceful advocacy, cross-examination skills, commercial awareness and the incisiveness and practicality of his advice. He has been consistently recommended by leading legal publications such as Chambers and Partners and the Legal 500. David enjoys leading the team in litigation and arbitration and working with clients and experts on strategy and detailed preparation. He is an experienced mediator and mediation advocate.

David regularly appears before the Technology and Construction Court (part of the British High Court of Justice, Queen’s Bench Division), but a large part of his practice relates to international and domestic arbitration, adjudication, expert determination and mediation as well as all related advisory work.

David Thomas accepts appointments as arbitrator, expert, mediator and adjudicator.

Recommendations

Energy and Professional Negligence
“incredibly easy to work with”...“a great all-round advocate”

Construction and Engineering
“a charming yet forceful advocate”...“like an owl: he looks, considers, and then swoops down to tremendous effect”...“great technical understanding”...“cross-examination skills are second to none”..."recommended as a Leading Silk in Energy & Natural Resource"..."clear thinking and hard working," Thomas can put over complex cases with great facility...according to sources, David Thomas QC strikes a fine balance between being an "extremely good barrister and a very pleasant person"..."he specialises in PFI-related dispute work, including a high-profile McAlpine case, and involves himself in a range of rail and health adjudications... International arbitration is another string to his bow"..."the "impressive" David Thomas QC is "one of the best people to go to on projects disputes"..."he has recently acted on a case concerning the sinking of an oil rig"..."recommended in the top 50 Construction Silks."

Chambers and Partners / Legal 500

Examples of recent work

Examples of recent cases include a combined cycle facility, PFI and PPP contracts in relation to roads, railways and hospitals; mechanical electrical and process engineering; energy sector work including construction of power stations and CHPs, oil and gas including FPSOs and pipelines, open cast coal mining and coal handling equipment disputes as well as nuclear waste disposal; railway engineering and train building contracts; and other major infrastructure projects for public and private sector clients including reservoir airport and stadium construction.

David Thomas frequently deals with highly technical issues which have ranged from soil mechanics, to the behaviour of powders in hoppers, stresses in steel members, lead contamination of water, the properties of concrete and turbine performance.   He has a formidable reputation for cross-examination of experts. He also has dealt with a number of cases concerning accountancy issues arising from mergers and acquisitions and insurance issues.

David Thomas has experience of all major standard form contracts including the FIDIC, JCT, ICE, NEC and ECC forms, GC/Works/1, CCC/Works/1, ICHEME and MF/1.  

Construction and Engineering

• Acting for the main contractor on Wembley Stadium.
  
  
• Acting for Greek contractors in relation to the construction of a major international airport. This was a long and hard fought campaign with several hearings and involved issues of delay and disruption, valuation and variations, labour issues, accounting issues and technical engineering questions in relation to the construction of reinforced concrete in earthquake zones.  David Thomas led a team of UK and Greek lawyers and UK and Greek technical experts.
  
  
• An ICC arbitration concerning a power plant in the Middle East.
  
  
• An ICC arbitration concerning a railway in Singapore.
  
   
• Acting in an ICC arbitration regarding the construction of a factory in Siberia.
  
  
• An arbitration on a major road building project in the Middle East.
  
  
• An arbitration about remediation of a contaminated site including issues as to chemical analysis as well as measurement and valuation questions.
  
  
• Acting for M&E contractors in a Hospitals PFI project dispute, in adjudication, TCC trial and in the Court of Appeal. This has given hands on experience of the risk flow down and commercial realities of a major PFI project.  The successful outcome was reported both at first instance and in the Court of Appeal.
  
  
• Advisory  work and adjudication on  Schools PFI Projects.
  
  
• A TCC trial for a German multi-national supermarket chain in relation to its’ obligations under a lease and agreement for a lease.  Also engineering questions as to causes of subsidence.
  
  
• David Thomas is frequently instructed to advise on PFI and PPP contracts and has also carried out expert determinations in this field.
  
  
• Acting for assignees in a dispute about accrued rights.
  
  
• Acting for a local authority in respect of alleged defects at a sports centre.
  
  
• An adjudication and expert determination in relation to a major City of London office development.
  
  
• Advising architects and acting in an adjudication in a copyright licence dispute.
  
  
• Acting for UK clients on the ICC arbitration in relation to the redevelopment of the harbour side in Gibraltar. This dispute ran for several years and included delay and disruption and scientific issues as well as procedural issues before the tribunal as well as the local courts.
  
  
• An arbitration about a collapsed waste tip involving technical soil mechanics issues. 
  
  
• An arbitration about the construction of a reservoir, valuation issues under the ICE Conditions.
  
  
• A TCC trial for a train building company in a dispute as to quality with a train operating company.  Issues as to the performance of metals.
  
  
• Acting for engineers in the Ladbroke Grove Rail Inquiry.  Consideration of Risk/Benefit analysis. 
  
  
• A TCC trial relating to the underperformance of a waste disposal plant.  Issues as to the behaviour of powders in hoppers.
  
  
• A TCC trial concerning the accounting treatment of profits earned by engineers on long term projects.
  
  
• Advising on all related insurance points.
  

Energy

• Acting for the manufacturers of coal handling equipment in an ICC arbitration against a mining company, involving factual and expert issues centred on the performance of conveyor belts.
  
  
• Acting in an ICC arbitration in relation to the construction of a Power Station in the Bahamas.
  
  
• An arbitration on a contractor’s delay and disruption claim arising from mechanical and electrical works at a nuclear facility.
  
  
• Has worked in the Energy field on various forms of EPC contracts.  He acted in recent TCC litigation about the construction of a CHP plant and has been working on FPSO cases and a number of coal industry disputes. 
  
  
• Advising and TCC litigation for contractors in valuation disputes arising under open cast coal mining contracts.
  
  
• Advising in relation to offshore windfarm projects.
  
  
• An arbitration relating to a combined cycle power and water facility.
  
  
• Advising as to quality issues in pipelines. 
  

Professional Negligence 

• An arbitration for a local authority in a professional negligence claim against engineers in respect of the design of a new bridge.  Technical issues as to the design of steel columns. 
  
  
• An adjudication on a claim against engineering consultants on a road building project.
  
  
• A long running TCC matter for a specialist engineering company in a professional negligence claim against consulting engineers in respect of work carried out at the Sellafield facility.  This involved technical design issues of nuclear engineering and numerous hearings (TCC and Court of Appeal) culminating in an 8 week trial.

• Advising on a claim in relation to geotechnical engineering.
  
  
• Advising on a claim relating to M & E engineering in an office development.
  

Information Technology

• Acting for contractors in a dispute about alleged under performance of technology at a computerised distribution centre.
  

Appointments

Examples of successful mediations

As Mediator

• A multi-party mediation in respect of conversion of a hospital to residential dwellings.
  
  
• Defects case in new block of flats
  
  
• International trade dispute regarding claims for unpaid freight and counterclaims for trading losses.
  
  
• Dispute between main and sub-contractor about defective shopping centre floor.
  
  
• Trained in Dispute Adjudication Board Hearings and Procedure and Member, Dispute Resolution Board Foundation.

As Counsel

• Delay and disruption claim relating to construction of a power station.  Counterclaim for defective work.  Settlement achieved.
  
  
• Claim related to defective floor in a warehouse. Remedial costs and trading losses.
  
  
• Claim related to defective and late design  in nuclear industry.  Remedial costs and trading losses.
  
  
• Defects claim in conversion of a hospital to luxury flats.
  
  
• Delay and disruption claim and repudiation counterclaim relating to refurbishment of central London offices

Professional CV

Memberships

Technology and Construction Bar Association (TECBAR)
UK Energy Law Group
Professional Negligence Bar Association
The Society of Construction Law
ICC United Kingdom
Dispute Resolution Board Foundation

Other Information