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David Sears QC

David Sears QC

  • Called to BAR: 1984
  • Took Silk: 2003
  • Building Disputes
  • Construction
  • Contract Law
  • Insurance & Re-Insurance
  • Mediator
  • Professional Negligence
  • Public procurement

Summary

David Sears QC is widely recognized as a leading practitioner in commercial dispute resolution, with a particular emphasis on professional indemnity, construction and engineering, energy and utilities, information technology and insurance law. He has represented a wide range of clients including multinational corporations, government entities, professional advisers and individuals both in the UK and abroad. David is ranked as a leading silk in both Chambers & Partners and Legal 500 in Construction and Professional Negligence. He has been described as ‘one of the best advocates who is loved by clients’; ‘an experienced advocate who is able to grasp complex and detailed matters quickly and effectively’; ‘very bright, calm, confident and gives clear advice’. As an advocate, David has many years’ experience in the Technology and Construction Court, the Commercial Court and the Court of Appeal. He has advised and acted for clients in international arbitrations under ICC, UNCITRAL and ad hoc rules as well as in relation to all kinds of domestic disputes. He is an accredited adjudicator and regularly advises on both the conduct of adjudication and the enforcement of adjudicator’s decisions, advising on tactics, preparing statements of case and even appearing at the hearings. He has been involved in a number of leading cases concerning adjudication, including Harding v Paice and Adams Architecture v Halsbury Homes. He is also an accredited mediator by TECBAR and ADR Chambers. David prides himself on being highly approachable and accessible to clients; on giving practical, objective, straightforward and commercial advice; on being hard working, conscientious and thorough as well as being totally committed and highly tenacious as an advocate. David is qualified to undertake public access work and regularly receives instructions direct from contractors and employers.

Specialist areas of law include

  • Building Disputes
  • Construction
  • Contract Law
  • Insurance & Re-Insurance
  • Mediator
  • Professional Negligence
  • Public procurement

Profile description

International Arbitration

David has advised and acted for clients in international arbitrations under ICC, UNCITRAL and ad hoc rules as well as in relation to all kinds of domestic disputes. He is a Fellow of the Chartered Institute of Arbitrators.

International Arbitration

Construction & Engineering

David has been listed for a number of years in both Legal 500 and Chambers as a leader in the field of construction disputes. He has over 20 years’ experience involving the whole range of disputes that arise in connection with construction and engineering projects including disputes as to contract terms (including all principal main contracts including JCT, ICE, FIDIC, NEC, GC/Works, I CHEM E, sub-contracts including DOM/1, DOM/2 and numerous bespoke forms used in international and domestic construction, energy and infrastructure projects), loss and expense claims, delay and disruption, defective work and final account disputes.

Project Work

The disputes have included many different types of construction and engineering projects including highways, railways, airports, power stations, process plants, waste treatment plants, sports stadium, bridges, tunnels, shopping centres, office blocks, car parks and residential developments. He has also been involved in a number of technical engineering disputes concerning defective equipment, machinery and systems of all kinds.

Energy & Utilities

David also has wide experience acting for employers and contractors on disputes arising out of the design and construction of, among others, pipelines, power process and waste water treatment plants.

Public Procurement

David has also acted for both public bodies and contractors on all aspects of public procurement and publicly-funded tendering procedures, not only advising them in connection with the tendering process and practical challenges which they face and the steps to be taken to avoid breaching the regulations, but also acting for them when the tendering process goes wrong and an aggrieved tenderer wants to make a claim. He is the author of the chapter in Emden’s Construction Law on EU procurement law.

Transport

David has represented both employers (e.g. government departments, local authorities etc) and also contractors in connection with disputes arising from road, rail and tunnel building projects.

IT & Technology

David has been instructed by suppliers and contractors in relation to claims concerning telecommunication systems and computer software.

Professional Liability

David has been listed for a number of years in both Legal 500 and Chambers as a leader in the field of professional negligence where he has been said to be: ‘an able and very approachable silk’; ‘excellent and incredibly hard working, reliability itself, he handles a seriously heavy case-load’; ‘he always retains his good humour despite the weight of work that lands on his desk’ and ‘absolutely brilliant, a great advocate and a tenacious fighter’.

For over 25 years he has specialised in professional negligence claims, acting both for claimants and also for defendants and their indemnity insurers. Consistent with his widely-recognised work in construction law, a large part of his professional negligence practice has involved cases concerning claims made against building professionals, including engineers, architects, design contractors and project managers.

However, since the start of his career at the Bar, he has also been involved in numerous cases concerning claims made against other professionals, including valuers, surveyors, solicitors, insurance brokers, accountants and auditors.

Construction Professionals

David has a great deal of experience in the professional negligence field, acting both for claimants and also defendants and their indemnity insurers in relation to claims brought against the whole range of construction industry professionals including engineers, architects, design contractors and project managers.

Lawyers

David has acted for both claimants and defendants in a number of cases involving claims against lawyers, including claims arising from drafting transaction documents, mismanaging their professional practices, mortgage fraud and the negligent conduct of litigation. He has also prosecuted cases against barristers on behalf of the Bar Council/Bar Standards Board.

Testimonials

Saleem

“The clerks were promptly aware of my requirements and were able to recommend a number of specialist barristers at competitive prices.” “The clerks were promptly aware of my requirements and were able to recommend a number of specialist barristers at competitive prices.” Read more Read less

Natalie Ryan

“The speed and quality of the service was astounding. I was recommended two extremely qualified, competent experts to discuss my matter with and had a telephone consultation within 24 hours.” “The speed and quality of the service was astounding. I was recommended two extremely qualified, competent experts to discuss my matter with and had a telephone consultation within 24 hours.” Read more Read less

Ruth Clark

“I called Clerks Room Direct in February and two days later one of their barrister’s Stephen David, was representing me in court. From my first phone call to Rory I felt that I was in safe hands.” “I called Clerks Room Direct in February and two days later one of their barrister’s Stephen David, was representing me in court. From my first phone call to Rory I felt that I was in safe hands.” Read more Read less

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Contact David today
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    Save up to 42% with fixed costs
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