Charles Edwards

Charles Edwin Edwards

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

Practice overview

Charles is a first-class high performing Construction Barrister (with a background as a Chartered Quantity Surveyor (MRICS)) who was called to the Bar by Middle Temple in 2002.  

Charles is a legal expert in construction and engineering law.  Charles has a busy practice in chambers in construction and engineering law and specialises in the resolution of disputes involving large scale, major and complex construction, engineering and infrastructure projects. This includes advisory work and robust representation in adjudication, the Technology and Construction Court (TCC) and the Court of Appeal. 

Charles has a predominately High Court practice due to the complexity of cases he is instructed in. 

Charles’ practice also includes commercial litigation, professional negligence, arbitration and commercial chancery. He is an extremely bright, confident and fearless barrister with a fine eye for detail. He is also technically brilliant and very commercial. 

In summary, Charles’s expertise encompasses the following areas of law:

  • Construction, Engineering & Infrastructure 
  • Adjudication 
  • Commercial Litigation 
  • Professional Negligence 
  • Arbitration 
  • Commercial 
  • Chancery 
 

Construction, engineering and infrastructure 

Charles is a legal expert in construction and engineering law and a high performing Construction Barrister. Charles has a busy practice in chambers specialising in disputes involving large scale, major and complex construction, engineering and infrastructure projects (carried out under JCT Contracts, NEC Contracts, FIDIC Contracts and or bespoke construction contracts), including advisory work and robust representation in adjudication and construction litigation in the High Court (Technology and Construction Court (TCC)) and the Court of Appeal and arbitration. He is an extremely bright, confident and fearless barrister with a fine eye for detail. He is also technically brilliant and very commercial.  Charles is sought after for his legal expertise in construction, engineering and infrastructure.

Charles is meticulous and excellent at mastering the detail in complex cases for his clients. He is an excellent advocate and provides robust representation in the High Court, Court of Appeal, the Supreme Court of the United Kingdom, Arbitration, Mediation, Adjudication and other tribunals. 

Comments about Charles includes:

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”.

“…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 sides 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...” Commercial Director (top 5 UK Contractor)

“…He is an extremely persuasive and powerful advocate with excellent analytical skills…“. (Director)

“…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…” (Managing Director)

“…Counsel for the Claimant’s skeleton argument was Excellent… (High Court Judge)

Charles practices covers all standard forms of construction contracts, including the full suite of JCT2016 contracts, the full suite of JCT2024 Contracts, the full suite of NEC Contracts, NEC3, NEC4 and 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 direct access/public access basis.

Selection of Case Studies

Court of Appeal

1. Charles was sole Counsel and acted for the successful Appellant 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).

High Court (Technology and Construction Court (TCC) and the Companies Court)

2. Charles acted as sole Counsel in the High Court (Technology and Construction Court (TCC) representing the a 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. Charles successfully acted as sole Counsel in the High Court in a dispute involving a contractor, construction insolvency, breach of contract and non-payment.

6. Charles acted as sole Counsel for the Defendant in proceedings in the High Court (TCC) in relation to severe defective works, which included Cladding Works and whether the building works completed by the Defendant were in breach of the Building Regulations and/or the construction contract, the limitation period and the effect of the final certificate issued pursuant to the the contract. Charles advised on the legal strategy to the adopted in the TCC, the interpretation of the construction contract and the evidence to be presented, drafted the Pre-Action Protocol Lettering response to the Claimant’s solicitors following which the Claimant forthwith engaged in settlement discussions rather than continuing with proceedings in the TCC.

 Adjudication

7. 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.

8. Advised a contractor successfully on a major infrastructure dispute with an Employer with a value of circa £7 Million pursuant to an NEC3 Contract. 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

9. 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. 

10. Acted for the successful Referring Party (a top 5 UK construction company) in adjudication proceedings against a large multi-national plc. 

11. Acted for the successful government organisation in a large infrastructure dispute (for circa £1 Million) against a contractor for alleged termination of contract and non-payment pursuant to an NEC3 Contract which was taken to adjudication by the contractor. 

12. Advised on the legal strategy to adopted in relation to payment disputes involving Compensation Events under an amended NEC3 Contract in order to recover outstanding payment on a major national/high profile project.

13. Acted for the Responding Party (main contractor) in adjudication proceedings in connection with complex mechanical and electrical works, breach of contract, non-payment, alleged variations, extension of time issues, defective works and damages. 

14. Acted for the Referring Party (main Contractor) in adjudication proceedings in connection with a final account dispute, non-payment with regard to a new build restaurant offices and industrial buildings. This matter involved breach of contract, alleged defective works, non-payment, extension of time disputes and unlawful deduction of liquidated damages.

Arbitration

15. 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. 

16. Advised on arbitration proceedings in relation to a dispute for circa £1 million pursuant to NEC3 Contract

17. Acted was sole Counsel for an international company with regard to Applications in the High Court (Queen’s Bench Division) under section 9 of the Arbitration Act 1996 to stay legal proceedings commenced against the company in the High Court.  This matter involved the oil and gas industry, international commercial law, the validity of an arbitration agreement, breach of contract and the jurisdiction of the High Court of England and Wales in relation to the dispute. 

Advisory

Charles has successfully advised on a wide range of complex disputes as part of his High Court practice.  Charles also has extensive legal experience in representing clients and has provided first class legal advice, drafting and robust representation in matters involving,  construction and engineering disputes, adjudication, commercial litigation, arbitration, professional negligence, partnership disputes, corporate insolvency, company law, solicitors negligence and insurance.

Charles is meticulous and excellent at mastering the detail in complex cases for his clients. He is an excellent advocate and provides robust representation in the High Court, Court of Appeal, the Supreme Court of the United Kingdom, Arbitration, Mediation, Adjudication and other tribunals.

He is a graduate of the University of Cambridge (Departments of Engineering and Architecture) and Centre of Construction Law at King’s College London. He is a Fellow of the Chartered Institution of Civil Engineering Surveyors (CICES), a member of the JCT Council (the Joint Contracts Tribunal), a member of the Technology and Construction Bar Association (TECBAR), the Chancery Bar Association and the Worshipful Company of Arbitrators.

  • 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)
  • 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)

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)

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.
  1. The Conduct of Litigation in the Technology and Construction Court: Recent Guidance from the TCC
  2. Beware of the Payment and Time related provisions in the JCT Standard Building Contract 2011: Recent guidance from the High Court (TCC)
  3. Adjudicators’ Decisions: Recovery of Overpayments, Time Bars and Limitation Periods – Supreme Court Guidance
  4. Arbitration Act 1996 and the Insolvency Rules 1986: Guidance from the High Court
  5. NEC3 Contract – Project Manager reversing his decision: Can a Second Adjudicator consider the First Adjudicator’s Decision? – High Court (TCC) Guidance
  6. Employer’s application for judgment against Contractor rejected in the High Court (TCC): Statements made in an ‘Offer’ did not constitute ‘Admissions’
  7. The UK Supreme Court considers over 100 years of law and provides useful guidance in determining what is a Penalty Clause
  8. JCT Building Contract: What is meant by an “Appropriate Deduction” and how should it be calculated? – Guidance from the High Court (TCC)
  9. NEC3 Conditions of Contract (as amended): How many potholes constitute a Compensation Event? – Adjudication, Arbitration and then the High Court (TCC)
  10. Practical Completion: Construction Contracts
  11. Incorporation of Terms and Conditions: Battle of the forms – useful guidance from the High Court (TCC)
  12. Construction Adjudication: Cherry picking what is submitted to Adjudication
  13. FIDIC Yellow Book: Major Construction Project, Extension of Time, Conditions Precedent, Termination of Contract – Guidance from the High Court
  14. 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
  15. Dangers of Proceeding with Construction Works using Letters of Intent
  16. The Adjudicator simply got it wrong: Challenging Adjudicator’s Decisions using Part 8 proceedings in the High Court – Guidance from the High Court (TCC)
  17. Non-Payment in Construction Contracts and Winding-Up Petitions: Guidance from the High Court (Chancery Division)
  18. 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

  • 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)

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