Winter 2016 – Special Issue

Probyn Miers welcomes you to our Winter 2016 edition of ‘Perspective’ which brings you news, information and points of view on topical issues relevant to construction lawyers, architects, contractors, engineers, insurers and to all our colleagues and friends in the international and UK Construction Industry.

This is a special issue dedicated over to a single extended article by our colleague Martin Edwards on the subject of the fire risks posed by external cladding panels. We will return to our usual format in the next issue.


Fire Risks From External Cladding Panels – A Perspective From The UK
By Martin Edwards

New Year’s Eve celebrations in Dubai were marred by the fire in The Address Downtown Hotel and residential building, opposite the Burj Khalifa, the world’s highest skyscraper. The exterior of the supertall (302m) The Address was consumed in flames and thick black smoke, with more than 40 storeys burning simultaneously at one stage.  Investigations are in hand, but the fire in Dubai’s 18th tallest tower appears to be similar to the fires in the external cladding of the 352m Marina Torch residence (21 February 2015) and of the Tamweel Tower (18 November 2012). Fire spread in external cladding has been the primary issue not only in these three major Dubai fires, but in others in the Middle East and China…… Read More

Updates & News

New Team Members
We are pleased to announce the arrival of two new colleagues, Cecilia Misu  and Magdalena Prus.

Cecilia is a very experienced building services engineer with extensive experience in power generation and infrastructure projects. Her worldwide experience in construction claims, disputes and arbitration proceedings will provide an valuable complement to the existing skills within our team.

Magdalena is an Architect. She is also currently studying for an MSc in Construction Law and Dispute Resolution at Kings College. This will enable her to make an increasingly valuable contribution as her role at Probyn Miers evolves.

Delay and Disruptions in Construction 5th Edition- Routledge

Regarded as an essential reference for any lawyer, dispute resolver, project manager, architect, engineer and contractor involved in the construction industry.‘Delay and Disruption in Construction Contracts’ is now available. Published by Routledge and edited by Andrew Burr.

Christopher Miers is a contributing author on ‘Dispute Boards’, together with an international team of specialist advisory editors. A book that has been cited by the judiciary …’as a leading textbook in court decisions worldwide, as for example in Mirant v Ove Arup [2007] EWHC 918 (TCC) at [122]  to [135] per the late His Honour Judge Toulmin CMG QC’.

New Standard
In November 2015 the BSI published a new standard, ‘BS 12999:2015 Damage management code of practice for the organization and management of the stabilization, mitigation and restoration of properties, contents, facilities and assets following incident damage’.

The standard applies to a wide range of incident types, including fires, floods, contamination and explosions. It will be interesting to see how this standard will align with ‘PAS 64:2013 Mitigation and recovery of water damaged buildings. Code of Practice’.