Charles Edwards

Practice overview

Charles has a busy commercial practice in chambers practice areas. Charles is a first-class high performing 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, commercial, professional negligence and dispute resolution.  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’ 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.

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

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

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

Construction, engineering and infrastructure (Work includes)

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.

• 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 construction of the contract, interpretation of amendments to the NEC3 Engineering and Construction Contract, Compensation Events and Payless Notices issued by the Employer. The matter settled following the advice produced for circa £6 Million. 

• Advised and drafted amendments to a JCT Design and Build Standard of Contract 2016 for use on a major new build city centre residential development in order to achieve a Guaranteed Maximum Price Contract (GMP). With these amendments, it was found by the High Court on appeal of an Arbitrator’s award to be a Guaranteed Maximum Price Contract. The High Court Judge stated in relation to amendments drafted to the Contract:

“…The provisions of art 10 in my judgment very clearly allocate the burden of unforeseen or unknown risks.”

• Representing a Contractor against a large architectural consultancy in multiple adjudications for breach of contract regarding 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 apartments.

• 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 and the counterclaim for outstanding sums on the final account. The legal strategy adopted extinguished the claim for £1.2 Million against the Subcontractor and the Subcontractor was successful with their counterclaim against the Contractor.

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

• Acted for government organisation in a complex infrastructure dispute (for circa £1 Million) against a Contractor for alleged unlawful termination of contract and non-payment pursuant to an NEC3 Contract which was taken to adjudication by the Contractor. Successful in getting the claim dismissed.

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.

Commercial Litigation (Work includes): 

Court of Appeal

• Charles was sole Counsel and acted for the Appellant in the Court of Appeal (before Couslon LJ, King LJ and Poppwel LJ) representing the 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), Commercial Court and the Companies Court)

• 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.  

• 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).

• 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).

• Charles successfully acted as sole Counsel in the High Court in a dispute involving a contractor, construction insolvency, breach of contract and non-payment.

• 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.

• Advising a a Defendant (former director) in a Commercial Court claim for circa £2.9 Million involving bonds, misrepresentation and directors’ duties under the Companies Act 2006.

• Acted for Defendant in applications involving a cross border insolvency dispute in the High Court, before the Bankruptcy and Companies Court.

 Adjudication (Work includes)

• 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.

• 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. 

• 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. 

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

• 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. 

• 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.

• 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. 

• 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 (Work includes)

• 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. 

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

• 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. 

Commercial (Work includes)

• Insolvency – High Court (Chancery Division) Advised on insolvency and proposed winding-up petition in the Chancery Division (Companies Court) against a large UK public limited company.

• Acted for a firm of solicitors in a proposed arbitration involving an insurance dispute against the firm and professional negligence. This matter involved advising on the arbitration agreement, material non-disclosure, interpretation of the terms and conditions of the insurance policy and the circumstances in which the policy holder may be denied cover by the underwriters.

• Acted in connection with a Permission to Appeal in a case against a firm of solicitors for professional negligence, breach of fiduciary duty, failure of the solicitors to account for monies received, breach of contract and damages.

• Advised and acted for a company director regarding a dispute between the directors over the company’s assets.

• Advised and acted in a partnership dispute for a business owner involving ownership of two different businesses. This matter involved disputes over the terms of the partnership agreement, breach of contract, loss of profits and examination of an expert forensic accountant’s report.

• Advised the Appellant on cost proceedings in the Court of Appeal against a High Court Order.

Professional Negligence (Work includes)

• Advised  firm of solicitors in a proposed claim against the firm for professional negligence. 

• Acting for a Claimant in three claims for professional negligence against a large architectural practice in relation to professional negligence in relation to professional services provided to a Contractor in relation to three large scale developments (Claims in excess of £3 Million)

• Acting for a Claimant in relation to a professional negligence claim against a structural engineer  in for negligent design, negligent advice, failure to issue timely notices pursuant to the construction contract, negligent certification in relation to new development. 

Advisory

Charles has successfully advised on a wide range of complex commercial 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, engineering and infrastructure disputes, adjudication, commercial litigation, commercial, 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.