Harry Smith

Harry has extensive experience of construction and engineering disputes of all kinds:

Building Safety Act 2022 related claims
Harry has acted in claims for Remediation Orders, Remediation Contribution Orders and Building Liability Orders, and in claims against construction product manufacturers under s.149, both in the First-tier Tribunal and in the TCC.

Examples of Harry’s work as sole counsel include:

• The Central, 163-165 Iverson Road (LON/00AG/BSA/2024/0008). Harry acted for the successful leaseholder applicants in the First-tier Tribunal, which made a Remediation Order under s.123 and rejected the landlord’s contentions that the application was an abuse of process and that the funding arrangements were champertous. The Upper Tribunal later refused the landlord permission to appeal.
• Advising a new home warranty provider on the availability and effect of Remediation Orders and Remediation Contribution Orders in connection with a claim on its policy.
• Advising the owner of a large residential development on whether remedial works to higher-risk buildings require Gateway 2 approval from the Building Safety Regulator, and on proposed Part 8 proceedings in the TCC.

Examples of Harry’s work as junior counsel include:

• Counsel (led by Simon Hargreaves KC) for a developer in a High Court (TCC) claim concerning structural defects in a residential block, including claims under the Defective Premises Act 1972 and applications for Building Liability Orders under s.130 against companies associated with the engineer and the contractor.
• Counsel (led by Simon Hargreaves KC) for a developer in a High Court (TCC) claim concerning fire safety defects in the external wall insulation of a retirement development, including a claim against the insulation manufacturer under s.149 and applications for Building Liability Orders against companies associated with it.
• Counsel (led by Simon Hargreaves KC) for a developer in a High Court (TCC) claim against structural engineers under the Defective Premises Act 1972, in which the developer relies on the extended limitation period under s.135 and the defendants contend that s.135 is incompatible with the European Convention on Human Rights.
• Counsel (with James Thompson) for a build-to-rent landlord in a proposed claim concerning fire safety defects in residential blocks, including applications for Building Liability Orders against companies associated with the contractor and with the architect.
• Counsel (led by Sam Townend KC) for a warranty provider in a High Court (TCC) claim against a builder to recover the cost of remedying cladding and fire safety defects in a residential tower, in which the Part 20 claims include an application for a Building Liability Order against a company associated with the cladding manufacturer.

Other construction and engineering claims

Examples of Harry’s work as sole counsel include:

• Counsel for the claimant in a High Court (TCC) claim under a development management agreement for a commercial development.
• Counsel for a building contractor obtaining summary judgment on claims under a settlement agreement and supplemental deed arising out of the construction of a substantial London residence.
• A multi-million pound claim against engineers and materials suppliers in the High Court (TCC) concerning the design and construction of an inter-tidal mudflat at Cooling Marshes on the south bank of the River Thames.
• Counsel for an insurer in a multi-million pound claim concerning fire safety issues in a housing development.
• A claim in the High Court (TCC) for losses arising from water damage to modular homes during their construction.
• A professional negligence claim against an engineering firm in the High Court (TCC) concerning cracks and water ingress to an underground car park.
• A claim in the London Circuit Commercial Court against the National House Building Council concerning water ingress to the basements of adjoining houses.
• A claim in the High Court (TCC) concerning the negligent design and construction of foundations to a luxury home.
• A claim against the National House Building Council in the High Court (TCC) concerning fire safety and other construction issues in a block of flats.
• Counsel for the homeowner of a substantial property in a claim against an architect relating to the negligent design and inspection during construction of roofing works.
• Counsel for the employer in a claim against an architect for negligent design of a substantial London home.
• Counsel for a building contractor in a claim against an architect for negligent design of a commercial complex.
• Counsel for a building contractor in a claim against a design professional for negligent design of the façade to commercial premises in a shopping centre.
• Counsel for a subcontractor in a claim against an M&E designer for negligent advice as to the heating load of a building.
• Counsel for a property developer in a claim against an asbestos surveying firm relating to negligently conducted surveys of commercial warehouses.
• Advising, and appearing for, the first defendant in a claim for water damage arising from the failure of a drainage system in exceptional storm conditions.
• Advising on the passing of property and risk in a complex dispute concerning the insolvency of a flooring supplier.
• Advising a London local authority as to the merits of a claim against a building contractor in the context of a project to construct a library.
• Counsel for a building contractor in a final account arbitration concerning the refurbishment of a luxury flat in London.
• Counsel for the successful insurer claimant in domestic arbitration proceedings concerning a claim for an indemnity in respect of defective building work.
• Counsel for the successful claimant in a commercial refurbishment final account arbitration.

Examples of Harry’s work as junior counsel include:

• National House Building Council v Peabody Trust [2025] EWCA Civ 932. Harry appeared as junior counsel (led by Thomas Grant KC) for NHBC in the Court of Appeal in a case concerning when a cause of action accrues, for limitation purposes, under the insolvency cover of an NHBC Buildmark policy.
• Counsel (led by Tom Lazur) for a design and build contractor in a multi-million pound High Court (TCC) claim concerning extensions of time, liquidated damages and the conclusiveness of a final statement.
• Counsel (led by Jonathan Selby KC) for a property owner in a claim against a design and build contractor concerning fire safety defects in a hotel.
• Advising a landlord (led by David Thomas KC) in a dispute under an agreement for lease concerning delay to enabling works for a residential tower.
• Herons Court v NHBC Building Control Services Ltd [2019] EWCA Civ 1423. Harry appeared as junior counsel (led by Sam Townend KC) for the successful Respondent in the Court of Appeal in a case concerning an attempt to extend s. 1 of the Defective Premises Act 1972 to approved inspectors.
• A High Court (TCC) claim for c.£150m concerning defects in Northumbria Specialist Emergency Care Hospital (led by Vincent Moran KC and William Webb KC), selected as one of The Lawyer’s Top 20 Cases of 2022.
• A claim in the High Court (TCC) against the National House Building Council concerning fire safety issues in two blocks of flats (led by Sam Townend KC).
• A claim against a cladding subcontractor concerning fire safety issues in a high-rise block of flats (led by Adam Constable KC).

• Counsel (led by Vincent Moran KC) for the employer in an arbitration against its EPC contractor concerning the performance of an energy generation plant.
• A multi-million dollar dispute concerning an oil field in Kazakhstan (led by David Thomas KC).
• An international arbitration in Geneva concerning a natural gas processing plant in Qatar (led by David Thomas KC).
• An international arbitration concerning a power plant in South Africa (led by David Thomas KC).
• An adjudication concerning a project to upgrade a National Grid site (led by Alexander Nissen KC).

• Acting for the Welsh Government in an adjudication concerning the construction of a new road (led by Justin Mort KC).
• An adjudication concerning a chemicals manufacturing facility.
• A High Court (TCC) claim for £95m concerning a substantial busway infrastructure project in Cambridge (led by Piers Stansfield KC).
• A multi-million euro claim in the High Court (TCC) concerning the design of a waste processing facility in Essex (led by William Webb KC).
• An arbitration concerning a micro-tunnelling project in Bahrain (led by Calum Lamont KC).
• A dispute concerning a new underground metro system in Saudi Arabia (led by Calum Lamont KC).

• A dispute concerning the construction of the Burj Khalifa (the tallest building in the world) in Dubai (led by David Thomas KC).
• An arbitration concerning delays and disruption to the construction of a skyscraper in Dubai (led by Marcus Taverner KC).
• An arbitration concerning a micro-tunnelling project in Bahrain (led by Calum Lamont KC).
• An international arbitration in Geneva concerning a natural gas processing plant in Qatar (led by David Thomas KC).
• An international arbitration concerning a power plant in South Africa (led by David Thomas KC).
• A dispute concerning a new underground metro system in Saudi Arabia (led by Calum Lamont KC).

Examples of Harry’s work as sole counsel include:

• Counsel for a developer in a High Court (TCC) claim against its employer’s agent concerning advice on procurement and security for a residential conversion, following the insolvency of the contractor.
• Counsel for an architect in a High Court (TCC) claim brought by homeowners concerning the design of a contemporary house, including a successful application for summary judgment on a claim for specific performance.
• Counsel for a design and build contractor in a claim against the lead designer concerning the design of the façade to an office building.
• A multi-million pound claim concerning negligent project management and planning advice involving allegations of fraud and secret commissions. Harry also acted in an associated appeal in the High Court (Chancery Division) concerning payment of the project managers fees.
• A multi-million pound claim against engineers and materials suppliers in the High Court (TCC) concerning the design and construction of an inter-tidal mudflat at Cooling Marshes on the south bank of the River Thames.
• A professional negligence claim against an engineering firm in the High Court (TCC) concerning cracks and water ingress to an underground car park.
• A professional negligence claim against a firm of architects in the High Court (TCC) in connection with the collapse of a hotel balcony and associated personal injuries.
• A professional negligence claim in the High Court (TCC) against a firm of architects concerning a project to refurbish and redevelop a convent.
• A claim in the High Court (TCC) concerning the negligent design and construction of foundations to a luxury home.
• A multi-million professional negligence claim against a company director for losses arising from the alleged mismanagement of a construction project.

Examples of Harry’s work as junior counsel include:

• A £40m professional negligence claim in the Commercial Court concerning advice given to an insurer (led by Rebecca Sabben-Clare KC).
• A professional negligence claim in the High Court (TCC) against an Approved Inspector concerning fire safety issues in a development (led by Jonathan Selby KC).

Harry has extensive experience of adjudication from referral to enforcement and is a natural choice for contested adjudication enforcement hearings. 

Examples of Harry’s work as sole counsel include:

• Galvin and Hamilton Ltd v Newmay Electrical Services Ltd (2025), unreported. Harry appeared for the successful defendant in a contested adjudication enforcement hearing in which the defendant resisted enforcement on the ground that there was no construction contract between the parties.
• Morganstone Ltd v Birkemp Ltd [2024] EWHC 933 (TCC). A combined Part 8 trial and Part 7 summary enforcement hearing. Harry appeared for Morganstone, which successfully resisted enforcement on the ground that the adjudicator had wrongly treated its cross-claims as falling outside his jurisdiction.
• Counsel for a contractor in a series of adjudications and a subsequent arbitration under an NEC4 contract concerning termination and payment.
• Acting for a local authority in an adjudication concerning defective balconies at a residential development.
• Aqua Leisure International Ltd v Benchmark Leisure Ltd [2021] BLR 150. Harry appeared for the successful claimant in a case about whether an adjudicator’s decision had ceased to become binding pursuant to s.108(3) of the HGCRA as a result of the parties having entered into an agreement “subject to contract”.
• Buckingham v Luton Airport (2021), unreported. Harry appeared for the successful claimant in a contested adjudication enforcement hearing in which the defendant argued, unsuccessfully, that it was entitled to have the dispute finally determined via Part 8 declarations.
• Croudace Homes Ltd v PRB Wiring Solutions Ltd [2020] EWHC 2139 (TCC). Harry appeared for the successful claimant in a contested adjudication enforcement hearing concerning liability for the adjudicator’s fees.
• Putensen Properties Ltd v Fry (2020), unreported. An adjudication enforcement hearing. Harry appeared for the successful defendant, the judge accepting Harry’s submission that the defendant had a real prospect of establishing at trial that the dispute to which it related arose under three separate contracts.
• Synergy Gas Services v Northern Gas Heating Ltd [2018] EWHC 3060 (TCC). The defendant resisted enforcement of an adjudicator’s decision on grounds of alleged breaches of natural justice. Harry appeared for the successful claimant.
• JonJohnstone Construction Ltd v Eagle Building Services Ltd [2017] EWHC 2225 (TCC). An adjudication enforcement hearing. The defendant resisted enforcement of an adjudicator’s decision on the grounds that the decision was made in excess of jurisdiction. Harry appeared for the successful claimant.
• Advice regarding the prospects of an insolvent company in a CVA successfully enforcing an adjudicator’s decision.
• Advice regarding the prospects of an insolvent company in administration successfully enforcing an adjudicator’s decision.
• Acting for the Welsh Government in an adjudication concerning the construction of a new road.
• A multi-million pound adjudication concerning liability for leaks to a warehouse.
• An adjudication concerning the Grade I-listed residence of billionaire Mohammed Al-Fayed.
• An adjudication concerning a chemicals manufacturing facility.
• An adjudication concerning a defective lighting controls system at Oxford Brookes University.

Examples of Harry’s work as junior counsel include:

• A multi-million pound adjudication concerning a project to upgrade a National Grid site (led by Alexander Nissen KC).

Examples of Harry’s work as sole counsel include:

• Advising and acting for a new home warranty provider in claims concerning defects in new-build residential properties.
• A claim in the London Circuit Commercial Court against the National House Building Council concerning water ingress to the basements of adjoining houses.
• A claim against the National-House Building Council in the High Court (TCC) concerning fire safety and other construction issues in a block of flats.
• Counsel for an insurer in a multi-million pound claim concerning fire safety issues in a housing development.
• Advised an insurer as to the potential impact of various statutory requirements on the scope of risks covered by the wording of its insurance policy.
• Advised a building contractor facing a substantial claim from an insurer as to how best to mount a challenge to the insurer’s standard terms of business.
• Represented an insurer in domestic arbitration proceedings concerning a claim for an indemnity in respect of defective work.

Examples of Harry’s work as junior counsel include:

• National House Building Council v Peabody Trust [2025] EWCA Civ 932. Junior counsel (led by Thomas Grant KC) for NHBC in the Court of Appeal in a case concerning when a cause of action accrues, for limitation purposes, under the insolvency cover of an NHBC Buildmark policy.
• Counsel (led by Sam Townend KC) for a warranty provider in a High Court (TCC) claim against a builder to recover the cost of remedying cladding and fire safety defects in a residential tower.
• A claim in the High Court (TCC) against the National House Building Council concerning fire safety issues in two blocks of flats (led by Sam Townend KC).

Examples of Harry’s work as sole counsel include:

• Drafted Particulars of Claim seeking enforcement of a performance bond as security against a building contractor’s impending insolvency.
• Advised on the enforceability of bonds in the context of a large waste management construction project.
• Advice on the validity of a purported withdrawal of bonds.

Examples of Harry’s work as junior counsel include:

• Advised in a dispute concerning the enforcement of a performance bond in circumstances of the contractor’s insolvency (led by David Thomas KC).