Jonathan E Nugent


Summary of Faculties

Managing Director – Arbicon ADR Ltd, Chartered Quantity Surveyor, Construction Adjudicator, Arbitrator, Mediator, Expert Witness/Reports/Determination, Lecturer, Delay and Loss Analyst, Leading Authority on Construction Contracts/Law, Commercial Construction Contract Solutions and Dispute Resolution.


Professional Qualifications & Memberships

BSc in Quantity Surveying - Nottingham Trent University

Diploma in Arbitration - CIArb

Fellow of the Royal Institution of Chartered Surveyors

Fellow of the Chartered Institute of Arbitrators - (Arbitration pathway)

RICS Accredited Mediator

RICS Certificate in Mediation Advocacy and Dispute Management

Legal Experience Training Advanced Professional Award in Expert Witness Evidence (LETAPAEWE) - Edexcel Level 7 BTEC (Masters)

Past Chairman of the Chartered Institute of Arbitrators East Anglia Branch (2011 - 2013)

Member of the Adjudication Society

Member of the Society for Construction Law

Courses attended: RICS Expert Witness and Asta Power Project; Legal Experience Training for Expert Witness Evidence

Presents Lectures: Adjudication, the Construction Acts, Payment Issues in Construction, Dispute Resolution, Contracts and workshops


Profile

Jonathan is a leading UK Construction Industry professional consultant. A Chartered Quantity Surveyor and Construction Claims Consultant starting his career 43 years ago. Jonathan is an expert in the management, measurement and valuation of all aspects of construction and civil engineering works including railways and power network infrastructure contracts. Jonathan is a dynamic construction consultant advising, working with and acting for Employers, Architects, Quantity Surveyors, Engineers, Contractors, Subcontractors, Solicitors, Barristers; familiar with all aspects of ADR and the Technology & Construction Court.

Jonathan acts as an Arbitrator, Adjudicator, Mediator, Expert Witness and Negotiator in all matters of Construction and Civil Engineering. Jonathan is also a formidable very experienced advocate in adjudication and arbitration leading cases in lieu of Counsel.

Jonathan started his career as a PQS, then later worked for developers and contractors, including the construction of over 200 major construction projects and for the last 15 years as the Managing Director of Arbicon, fully practicing in the delivery of construction projects and dispute resolution.

Earning a reputation for resolving difficult Final Accounts and disputes, Jonathan has been a pioneer and supporter of the adjudication process since the statutory right to adjudicate commenced in 1998. Jonathan is one of the most experienced experts on the law and process of adjudication, having presided over the evolution of the Housing, Grants, Construction & Regeneration Act 1998 and the Local Democracy, Economic Development and Construction Act 2009 and the associated Schemes for Construction Contracts that go with those Statutes. Jonathan is an expert on adjudication enforcement cases and has been involved in several landmark cases in the TCC. Jonathan’s legal expertise has also been applied where he has acted as the tribunal, an advocate, an expert or negotiator in over 300 disputes, over 100 of which were referred to adjudication. Jonathan has acted against some of the biggest construction firms for subcontractors and Employers against high profile lawyers and won in the majority of cases. In contrast, Jonathan has also successfully acted for some of the largest construction companies against subcontractors on very high-profile contracts such as major stadiums, public buildings and private developments. In all cases Jonathan’s reputation for taking cases forward successfully precedes him. Jonathan is an expert in construction contracts and construction contract law, advising on JCT, NEC, FIDIC contract forms and is an expert in former contract forms such as GC Works, DOM 2 and ICE. Jonathan is an authority on the interpretation of contracts including the understanding and application of Construction Statutes; Jonathan is also an advisor, negotiator and an expert on contract procurement including writing contract amendments, Employers Requirements and Contractors proposals.

Arbicon was formed by Jonathan in 2006, the firm has grown and enjoyed many years of success and has been described as a boutique business in providing a powerful combination of construction expertise with construction law. The best possible advice is available to all those involved in the commercial world of construction and construction law, which is a rare combination of skills, with particular expertise in resolving disputes out of Court and quickly promoting cash flow and resolving unwanted problems. In particular Arbicon are considered to be one of the leading firms of advocates for construction disputes and adjudication in the UK. Chartered Quantity Surveyors with specialist knowledge of the law in construction and adjudication are the best option for help in any construction dispute and Arbicon do not differentiate between large or small parties or disputes, resolution is made to work commercially whatever the case.

Jonathan is a specialist in all aspects of Construction Contract ADR, he is a qualified RICS mediator and has been appointed as an Expert Witness on numerous cases that have resulted in swift resolution and commendation by the Courts. Jonathan has also been appointed as an Expert in the County Courts and high-profile cases in the Technology and Construction Court.

Jonathan acted as a Quantity Surveyor Expert in one of the largest cases in 2013 in the TCC Cooper & Others v Kiani & Others, which involved a 20-day trial and is a well-known name in the world of construction dispute resolution.

Specialist areas also include power network infrastructure disputes (adjudication and arbitration) acting for suppliers and contractors against the big power companies.

Jonathan was also the Chairman of the East Anglia branch of the Chartered Institute of Arbitrators from 2011 to 2013.


Jonathan also owns a property Company engaged in property development and management, which he manages at grass roots level dealing with day to day construction issues and costs.


Notable Cases, Projects & Skills

Jonathan has worked on hundreds of cases and projects in a career spanning 43 years here is a partial sample of some notable ones:

Wembley Stadium - Forensic QS

Leicester City Walker Stadium - Forensic QS/ Insolvency

Cirencester Leisure Centre - Forensic QS, adjudication, EOT, Loss and Expense

Kiddicare Superstore/HQ Peterborough - QS

Hull City Stadium - Forensic QS - Delay Analysis - Defeated EOT /Loss and Expense Claim entirely

TA Centre Aylesbury - Forensic QS, Expert Report

Rebok Stadium Coventry - Forensic QS, Expert Report

Speymill Contracts Ltd v Baskind  - Quantum Expert, Variations, EOT, Loss/Expense, adjudication

Cooper & Others v Kiani & Others [2013] - Expert Witness (8 Major Interim & Final Reports)

Townhouse Refurb, Westminster, London - Single Joint Expert Witness for the Court - QS Dispute and Professional Negligence

House Extension, Kings Lynn - Single Joint Expert Witness for the Court - QS and Defects Dispute

Student Accommodation Blocks - QS, adjudications

Cambridgeshire Busway - BAM Nuttall v Cambs CC - Loss/Expense Claim

CSK Electrical Contractors Ltd v Kingswood EC Ltd [2015] (TCC) - Claim, Adjudication & Enforcement

Twickenham Rugby Stadium - Dispute QS

Lulu Construction Ltd v Mullaley & Co. Ltd [2016] (TCC) - Forensic Claim, Adjudication, Enforcement

National Indoor Arena - Dispute QS

Maskew Avenue Retail Park, Peterborough - QS

National Grid Rugeley, Overhead Lines - Arbitration

Overhead line infrastructure contracts against Network Power Firms - Adjudications x 6

Development Agreement, Surrey - Costs Dispute - Forensic QS, Arbitration

House rebuild after dpc failure - Repudiation/Contract Admin/Insolvency/ Prof Neg

Defects Disputes - e.g. NHBC/Owner/Builder - Forensic QS and Expert Reports

Office Conversion to Flats, Birmingham - Acoustic Defects - Adjudication/Prof Neg

Railway Station builds and rail maintenance contracts - QS

Hotels - New/refurbished - QS, Adjudications, EOT, Loss/Expense

Supermarkets/Cold Store/ “Tin Sheds” distribution depots - QS, EOT, loss and expense, adjudications

Retail Parks - QS, EOT, loss and expense, adjudications

Linen Hall, Regent St - adjudication

Hackney Flat development - Expert Report for £4m Prof Neg claim against Architect

Offices - Emerald Park, Bristol - Air Con design failure - adjudication

Margery St WC1 - Flat development D & B Contract - adjudication

Retail units/Office developments - QS, adjudications, EOT/Loss and Expense

Housing Developments - New and refurbs - QS, adjudications

Schools/Universities - New/Extended/refurbed - QS, adjudications

Public Houses - New build and refurb - QS, adjudications, arbitration

Agricultural Buildings - QS, adjudications

Elderly Persons Homes/Daycentres - QS

RAF/USAF new builds/refurb and MTC contracts - QS

Hospitals - QS, adjudications

Police Stations - QS

Garages/Showrooms - QS

GYM/Leisure Centres/Swimming Pools - QS, adjudications

Persimmon Homes - QS, dispute QS on quarry enabling works

Shop fitting - QS

Airports - QS, EOT, loss and expense, adjudications

M3 Services Winchester - QS

Extra Services Peterborough/Cambridge - QS

Churches/Chapels QS

Beet Factory/Roads/Civils - (CESMM) - QS

AWA HQ Histon - QS

Cambridge Library - QS, Delay Analysis

Houses of Parliament - QS

Mansions - QS, EOT, Loss/Expense, repudiation, adjudication

Shopping Centre, Brixton - Floor Defects dispute - adjudication

Alconbury Village Hall - QS

Multi-storey car parks - QS, Adjudications

Restaurant Fit-outs, London - QS support, EOT, Loss and Expense, adjudications

Reporting on Onerous Clauses - QS

Bank valuations - QS

Repudiation cases - Expert reports, restitution and damages claims

Subcontractors - Numerous cases of contract evaluation/negotiation, default payment adjudication

CIN window network - expert support services

Professional Negligence - Architect Supervision failures - Advocate/Expert

Value Engineering

Project Management

Expert Reports

Building Pathology, materials and defects

Dilapidations and Schedules of Condition

Affordable Housing Contracts

Insolvency

Insurance Claims


Contact

To get in touch with Jonathan, please contact Arbicon at advice@arbicon.co.uk for more information.

Call us for an initial consultation - FREE for commercial contracts