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'PERSPECTIVE'

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Bart Kavanagh

MA (Arch), LLM, RIBA, FCIArb, MAE

Associate Director

bkavanagh@probyn-miers.com

Bart Kavanagh is a Chartered Architect with a Master of Laws degree. He was called to the Bar at Middle Temple in 2011. A Barrister (non-practising), with over 35 years’ experience in the construction industry in the UK and overseas.

As expert witness Bart has acted in disputes involving matters of professional negligence, design and building defects, and contract administration. Also, he has advised extensively on fire safety in the cladding of high-rise residential buildings.

He has given oral evidence in the High Court, international arbitration hearings and adjudications and he has taken part in numerous mediations. He has represented parties at adjudication proceedings and has acted as assistant mediator in several disputes.

As lead Architect or design manager, he acquired an extensive knowledge of design, design management, construction detailing and contract administration. He has experience of traditional, construction management and design & build contracts.

General Profile

  • Expert Witness: Professional negligence, project management, design management, design defects, building defects and fire safety, standard of care, health and safety and government contracting.
  • A named expert witness on over 120 cases in UK, Dubai, Abu Dhabi, Oman and Qatar.
  • An extensive experience managing several complex developments in the commercial, airport, retail and residential sectors with multi-disciplinary teams of leading UK design consultants: London’s Gatwick Airport, Heathrow and for new international terminals in Azerbaijan and Cyprus.
  • He has been an Associate in prominent UK and US practices leading multi-disciplinary teams. In his previous practice he undertook several projects from residential to apartment buildings, large commercial projects to Listed Building and Conservation Area.

Professional Associations

  • Architects Registration Board Registered – Architect
  • Royal Institute of British Architects Chartered – Member
  • The Honourable society of Middle Temple Barrister – Member
  • Chartered Institute of Arbitrators – Fellow
  • Academy of Experts Practising – Member
  • Regent’s College School of Psychotherapy Accredited – Mediator
  • Society of Construction Law – Member
  • Adjudication Society – Member
  • Bar Association for Commerce, Finance and Industry – Member

Qualifications and Training

  • Master of Laws (“LLM”) –  City Law School (2014)
  • Diploma in International Arbitration – Chartered Institute of Arbitrators (2013)
  • Bar Vocational Course (“BVC”) – City Law School (2010)
  • Graduate Diploma in Law (“GDL”) – BPP Law School (2009)
  • Certificate of Mediation Skills for ADR – Regent’s College London (2009)
  • RIBA Professional Practice – Part III – University of the South Bank (1995)
  • MA (Arch) – Kingston University (1994)

Publications (a selection) 

  • Author of Avoiding & Resolving Disputes: A Short Guide for Architects. – RIBA Publications 2017.
  • He has also contributed chapters to the Architects Legal Handbook, (with Christopher Miers), and the Small Projects Handbook, both of which are due to be published in 2020.
  • Bart has written articles and book reviews on subjects related to architecture and dispute resolution. These have appeared in several publications, including: Perspectives (the Probyn Miers quarterly journal); Construction Law Journal; the Expert, (the journal of the Academy of Experts); and JCT News, (JCT Tendering Practice – Feb 2013 – with Christopher Miers).
  • ‘Remote site visits – a virtual child of necessity’, June 2020, ‘Perspective’ Journal.
  • ‘Expert evidence in construction cases – a view from the tub’, April 2019, ‘Perspective’ Journal.
  • ‘The role of the expert witness’ – talk delivered to students on the MSc/LLM dispute resolution module at the University of Salford. 05 December 2018
  • ‘Experts in the dock – Recent criticisms of expert evidence’, November 2018, ‘Perspective’ Journal.
  • ‘Fire Safety in Tall buildings – The safety of the people shall be the highest law’ – Hogan Lovells Middle East Construction Forum, Dubai, 26 September 2018
  • ‘Expert Hot Tubbing’ – Business and Property Courts Forum at Northumbria University, Newcastle, 11 June 2018
  • ‘One size fits all or made to measure? Is the professional standard of care about to be reassessed?’, June 2018, ‘Perspective’ Journal.
  • ‘Awarding extensions of time’ – CIArb, Thames Valley Branch, Milton Keynes, 18 April 2018
  • ‘The New Pre Action Protocol and Expert Evidence’, May 2017, ‘Perspective’ Journal.
  • ‘Design Responsibility’ Talk, RIBA, RICS, CIArb Joint Meeting, Maidenhead, 08 March 2017
  • ‘Design Responsibility – The Unassuming Designer’, February 2017, ‘Perspective’ Journal.
  • ‘There’s Many a Slip – But Do They All Need Expert Help?’, June 2016, ‘Perspective’ Journal.
  • ‘Trebor Basset – A case of ‘Suck it and See’, February 2014, ‘Perspective’ Journal.
  • ‘The Role of Lead Consultant in Design and Build Procurement’, October 2013, ‘Perspective’ Journal.
  • ‘Think Twice When Giving Advice’, June 2013, ‘Perspective’ Journal.
  • ‘Contractual Responsibility for Specialist Design’, October 2012, ‘Perspective’ Journal

Recent Public Speaking – a selection 

  • ‘The role of the expert witness’ – talk delivered to students on the MSc/LLM dispute resolution module at the University of Salford. 05 December 2018
  • ‘Fire Safety in Tall buildings – The safety of the people shall be the highest law’ – Hogan Lovells Middle East Construction Forum, Dubai, 26 September 2018
  • ‘Expert Hot Tubbing’ – Business and Property Courts Forum at Northumbria University, Newcastle, 11 June 2018
  • ‘Awarding extensions of time’ – CIArb, Thames Valley Branch, Milton Keynes, 18 April 2018
  • ‘Avoiding and Resolving Disputes’ – RIBA Eastern Region, St Albans, 05 October 2017
  • ‘Design Responsibility’ Talk, RIBA, RICS, CIArb Joint Meeting, Maidenhead, 08 March 2017

 

For a detailed CV please contact us


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