Charles Edwards

Charles Edwin Edwards

Charles Edwin Edwards (2002), MSt(Cantab) MSc(Lond) MRICS FCInstCES of Middle Temple, Barrister (England and Wales) (Head of Chambers)

Practice overview

Charles is a first-class dual qualified Construction Barrister and Chartered Quantity Surveyor who was called to the Bar in 2002 by Middle Temple.

Charles has a busy practice in chambers and specialises in large scale, major and complex construction, engineering and infrastructure disputes including advisory work and robust representation in adjudication, the Technology and Construction Court (TCC) and the Court of Appeal, as well as commercial litigation, arbitration and chancery. He is an extremely bright, confident and fearless barrister with a fine eye for detail. He is also technically brilliant and very commercial.

Construction, engineering and infrastructure

Charles has a strong advisory, adjudication, arbitration and construction litigation practice and provides robust representation in adjudication, arbitration and construction litigation. Charles is sought after for his legal expertise in construction, engineering and infrastructure.

Charles’s knowledge and insight has been described as “unparalleled’. Charles’s “grasp and in-depth knowledge of construction, construction law and dispute resolution…is second to none.” Charles is “… extremely dedicated, precise and utterly relentless…”. He has been described as “…a leading thinker in the construction law field” and is “an advocate you most certainly want on your side”.

Charles practices covers all standard forms of construction contracts, including JCT2016, the full suite of JCT2024 Contracts, NEC Contracts, NEC3, NEC4, ICE, FIDIC, ICHEME as well as bespoke forms contract. Charles is a public access accredited Barrister with full rights of audience before every court in England and Wales and has over 20 years’ experience in the construction industry. Charles is available for direct appointments by construction companies and organisations in the construction industry on a public access basis.

He is a graduate of the University of Cambridge (Departments of Engineering and Architecture) and the Centre of Construction Law at King’s College London. He is a Member (MRICS) of the Royal Institution of Chartered Surveyors (RICS) and a Chartered Quantity Surveyor, a Fellow of the Chartered Institution of Civil Engineering Surveyors (CICES), a member of the JCT Council (https://www.jctltd.co.uk/), a member of the Technology and Construction Bar Association (TECBAR) (https://tecbar.org/), the Chancery Bar Association and the Worshipful Company of Arbitrators.

Commercial and Chancery

Charles also has extensive legal experience in representing clients in commercial and chancery matters and has provided first class legal advice, drafting and robust representation in matters involving, commercial litigation, professional negligence, partnership disputes, corporate insolvency, company law, solicitors negligence, insurance, property law and arbitration.

Selected cases:

1. Sole counsel in the Court of Appeal (before Couslon LJ, King LJ and Poppwel LJ) representing the successful Appellant in A & V Building Solutions Ltd v J & B Hopkins Ltd [2023] EWCA Civ 54 (https://www.bailii.org/ew/cases/EWCA/Civ/2023/54.html).

2. Sole counsel in the Technology and Construction Court (High Court) representing the successful Claimant in the enforcement of an adjudicator’s decision in Bishop Levitt Ltd v Treecane Ltd [2024] (case no. HT-2024-000188) Unreported judgment.

3. Sole counsel in the Technology and Construction Court (High Court) representing the Claimant in the enforcement of an adjudicator’s decision in A & v Building Solution Ltd v J & B Hopkins Ltd [2022] EWHC 1186 (TCC) (https://www.bailii.org/ew/cases/EWHC/TCC/2022/1186.html).

4. Sole counsel in the Technology and Construction Court (High Court) representing the Claimant in the enforcement of an adjudicator’s decision in Level 1 Raised Flooring Ltd v JM Construction (SW) Ltd [2023] EWHC 2841 (https://www.bailii.org/ew/cases/EWHC/TCC/2023/2841.html).

5. Representing a Contractor against a large architectural consultancy in multiple adjudications for breach of contract with regard to the provision of professional services and a JCT Design and Build Contract 2016 with a dispute value of circa £3 Million in relation several blocks of flats.

6. Advised a contractor successfully on a major infrastructure dispute with an Employer with a value of circa £7 Million. This involving advising on the interpretation of amendments to the NEC3 Engineering and Construction Contract, Compensation Events and Payless Notices issued. The matter settled for circa £6 Million.

7. Advised a Subcontractor successfully on an adjudication launched for circa £1.2 Million against them by a Contractor pursuant to NEC4 Term Service Contract and the legal strategy to be adopted in order to secure victory and obtain payment for outstanding sums on the final account.

8. Advised and assisted (as part of team) with drafting statement of case in an international arbitration on behalf of a Contractor for an ICC arbitration against a particular Government in relation to a design and build infrastructure project carried out in the country seeking circa $40 Million. This involved a bespoke Contract. The Contractor’s claim was successful.

Areas of Expertise include:

Qualifications/Education

Barrister (2002)
Middle Temple
Public Access Accredited Barrister
University of Cambridge (Wolfson College), Departments of Engineering and Architecture (Masters of Studies Degree in Interdisciplinary Design for the Built Environment)
King’s College London, Centre of Construction Law (Master’s Degree in Construction Law and Arbitration)
University of Law, Graduate Diploma in Law
Inns of Court School of Law (Gray’s Inn), Bar Vocational Course
TECBAR Accredited Adjudicator Training
Royal Institution of Chartered Surveyors (RICS), Chartered Quantity Surveyor (MRICS)
Chartered Institution of Civil Engineering Surveyors (CICES), (Fellow Member of the CICES, FCInstCES)

Professional Associations

The Honourable Society of Middle Temple
Technology and Construction Bar Association (TECBAR)
Chancery Bar Association (ChBA)
King’s College Construction Law Association
Society of Construction Law
Worshipful Company of Arbitrators
JCT Council Member (The Joint Contracts Tribunal)
Chartered Institution of Civil Engineering Surveyors (CICES)
Construction Law Specialism Working Group Member (CICES)
Panel Member of the Contracts and Dispute Resolution Panel (CICES)

Talks/Training and Seminars

Payment – Cash is King – Legal Update: Talk on behalf of the Chartered Institution of Civil Engineering Surveyors

A presentation on payment, in particular a legal update on recent developments in the case law on payment and some practical points for payees and payers to help avoid pitfalls in relation payment. Payment in the construction industry continues to remain one the biggest problems for all those involved in the industry. This talk will provide an update on payment, in particular on recent developments in the case law in relation to payment, pay less notices, enforcement of payment, challenges to payment, recovery of payment, identifying key trends from the courts in their approach to issues regarding payment and some practical points for payees and payers to help avoid the pitfalls identified in relation to payment.

Date: 19th November 2019

Venue: Middle Temple

The Queen’s Room
Middle Temple Lane
London
EC4Y 9AT

Booking details via the following link on the CICES website:
https://www.cices.org/news/events/payments-cash-is-king-legal-update/

Letters of Intent – Talk on behalf of the Chartered Institution of Civil Engineering Surveyors

A presentation on to learn about the issues arising from the use of letters of intent and crucially the do’s and do not’s. The continued use of Letters of Intent and the subsequent potential issues which may arise are a continuing challenge for the construction industry. This event arranged at the prestigious Middle Temple, one of the four Inns of Court situated in the City of London will discuss the issues arising from the use of letters of intent and crucially the do’s and do not’s to be followed if you so choose to use this method of early engagement.

Date: 11th September 2019

Venue: Middle Temple

The Queen’s Room
Middle Temple Lane
London
EC4Y 9AT

Booking details via the following link on the CICES website:
https://www.cices.org/news/events/letters-of-intent/

Talk at the Chartered Institute of Arbitrators (Thames Valley Branch) (JCT/NEC3 and PPC2000)

Charles Edwards, Barrister & TECBAR Adjudicator gave a talk on Collaborative Working in connection with Construction Contracts at the Chartered Institute of Arbitrators (Thames Valley Branch) based on research carried out and supervised at the University of Cambridge (Departments of Engineering and Architecture).
https://www.idbe.arct.cam.ac.uk/news/collaborative-working-and-uk-construction-contracts
http://thames-arbitrators.org.uk/events/collaborative-working-and-uk-construction-contracts-1

Keynote Speech on Dispute Resolution at Olympia London Exhibition Centre (Dispute Resolution)

Charles Edwards, Barrister and Adjudicator gave a keynote speech on Dispute Resolution at the T10+ Business Show at Olympia London. The successful keynote speech was titled: “Key Steps Towards Successful Dispute Resolution Management”

Talk for an International Engineering Company involved in the Construction Industry (Letters of Intent)

Charles Edwards, Barrister and Adjudicator was invited by an international engineering company to give a talk on Letters of Intent at their annual training day. This included amongst other things, the dangers of proceeding with Construction Works on Letters of Intent.

Articles/Case Summaries

The Conduct of Litigation in the Technology and Construction Court: Recent Guidance from the TCC
Beware of the Payment and Time related provisions in the JCT Standard Building Contract 2011: Recent guidance from the High Court (TCC)
Adjudicators’ Decisions: Recovery of Overpayments, Time Bars and Limitation Periods – Supreme Court Guidance
Arbitration Act 1996 and the Insolvency Rules 1986: Guidance from the High Court
NEC3 Contract – Project Manager reversing his decision: Can a Second Adjudicator consider the First Adjudicator’s Decision? – High Court (TCC) Guidance
Employer’s application for judgment against Contractor rejected in the High Court (TCC): Statements made in an ‘Offer’ did not constitute ‘Admissions’
The UK Supreme Court considers over 100 years of law and provides useful guidance in determining what is a Penalty Clause
JCT Building Contract: What is meant by an “Appropriate Deduction” and how should it be calculated? – Guidance from the High Court (TCC)
NEC3 Conditions of Contract (as amended): How many potholes constitute a Compensation Event? – Adjudication, Arbitration and then the High Court (TCC)
Practical Completion: Construction Contracts
Incorporation of Terms and Conditions: Battle of the forms – useful guidance from the High Court (TCC)
Construction Adjudication: Cherry picking what is submitted to Adjudication
FIDIC Yellow Book: Major Construction Project, Extension of Time, Conditions Precedent, Termination of Contract – Guidance from the High Court
Arbitration: Enforcement of a Dubai Arbitration Award in the High Court in England – The Approach of the High Court to section 103 of the Arbitration Act 1996
Dangers of Proceeding with Construction Works using Letters of Intent
The Adjudicator simply got it wrong: Challenging Adjudicator’s Decisions using Part 8 proceedings in the High Court – Guidance from the High Court (TCC)
Non-Payment in Construction Contracts and Winding-Up Petitions: Guidance from the High Court (Chancery Division)
NEC3 Contracts: Have you agreed a change to your Contract orally or by conduct or does it need to be in writing (Clause 12.3)

LinkedIn:
https://www.linkedin.com/in/charlesedwinedwards/

Twitter accounts:
@newtemple_info
@Const_Barrister

Appointments

JCT Council Member (Joint Contracts Tribunal), ICES Representitive
Panel Member of the Contracts and Dispute Resolution Panel (CICES)
Chartered Institution of Civil Engineering Surveyors, Member of the Commercial Management and Practices Committee (CICES)
Construction Law Specialism Working Group Member (CICES)

Years of Experience

We have a wealth of knowledge and experience in providing high quality legal advice, drafting and robust presentation in the civil courts and tribunals in England and Wales.

EXCELLENCE

EXPERIENCED

TRUSTED

TESTIMONIALS

What Clients Say

"We were able to meticulously comb through the data we had with your legal and commercial brain…in order to write a robust rebuttal to their claim…Thank you for your diligence… more than once you went beyond the call of duty to support us…"

“Charles…he has unbelievable depth of knowledge…and we would have no hesitation in recommending him…”

“…in a recent adjudication conducted against a large multi- national corporation…Charles was instrumental in putting together the adjudication documents and dealing with all correspondence from the opposing side’s solicitors …in an adjudication that proved to be very successful in its conclusion…I have no hesitation in recommending Charles to others and…look forward to working with him in future…”

“…I…engaged Charles as part of a very delicate dispute and subsequent Adjudication process which was awarded in our favour despite an extensive legal team in opposition. Charles proved to be incredibly dedicated and passionate in his support and I found his knowledge and insight to be unparalleled. I cannot recommend him highly enough…”.

“…I worked with Charles on a number of complex construction disputes and found his grasp and in-depth knowledge of construction, construction law and dispute resolution to be second to none…”

“…We have known and worked with Charles on a regular basis over several years. We have found Charles to not only be friendly, approachable and professional, but his advice is considered, diligent and thorough. Our relationship with Charles has evolved to a point where he is our first port of call in litigious matters, with our supply chain also specifically requesting his services…”

“Having had the privilege of working with Charles I can say he is extremely dedicated, precise and utterly relentless. A leading thinker in the construction law field, and an advocate you most certainly want on your side.”