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Stephen James

Partner

Stephen James

Partner

“The construction lawyer, Stephen James, knows his stuff inside out. Very methodical and pragmatic in his working. Assimilates information very quickly and advises very well.”

The Legal 500

Stephen is partner in the construction team, advising on a broad range of disputes.

With over 20 years’ experience and ranked band 1 in Chambers and Partners 2023, Stephen is able to minimise legal risk in a way that is cost-effective and is frequently recognised as a leading lawyer by legal guides, including Chambers and Legal 500.

Stephen is Secretary of Constructing Excellence Berkshire.

Experience

Construction

If a problem arises on a construction project, Stephen can help you resolve it. His expertise covers a wide range of disputes from interim and final accounts to extensions of time, defects and professional negligence.

Clients include employers, developers, architects, contractors and specialist subcontractors.  Stephen’s caseload spans adjudication references, arbitration, Part 7 and 8 litigation claims, mediation and expert determination.

Insolvency

Stephen is experienced in working with insolvency practitioners in all forms of insolvency procedures and a very wide range of applications. He also acts for individuals in bankruptcies and voluntary arrangements, as well as defending directors’ disqualification proceedings and wrongful trading claims.

Injunctions

Stephen has obtained and defended many injunctions, including the freezing of assets, preventing unlawful picketing, enforcing restrictive covenants and search orders.

General advisory

Stephen’s wide experience allows him to offer external and in-house training to clients on many construction related issues, as well as risk avoidance, directors’ duties and product liability.

What our clients say

“Stephen James is extremely knowledgeable about construction, and consistently gives excellent and practical advice. He has a well-developed following of developer and contractor clients, who like his approachability.”

Legal 500 2024

“Stephen James continues to provide excellent legal support on construction disputes.”

Chambers 2024

“Stephen is tactically good. He is punchy when it comes to negotiations and has a great commercial outlook.”

Chambers 2024

“The quality of Stephen James’ advice is highly rated because he knows what is needed to get a result.”

Chambers 2024

Read, listen and watch our latest insights

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  • 05 April 2018
  • Construction

Building Information Modelling requirements

We are seeing an increased adoption of BIM (Building Information Modelling) in the projects we are advising on across the private sector. Of course, BIM Level 2 became mandatory for use on all UK public sector works in April 2016. The implementation of BIM means that the contract documents for the contractor and through the supply chain and professional consultants will need to consider the specific implications of BIM.

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  • 13 March 2018
  • Commercial Real Estate

Novation and Assignment: Sisters, Not Twins

There’s often, understandably, a bit of uncertainty about whether (and how) a party to a contract can “assign” (transfer) its rights, or pass on its obligations, under that contract, to another person.Essentially, novation and assignment are both mechanisms to get around this restriction. However, while the end result is the same, there are some important differences between these two mechanisms.

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  • 03 January 2018
  • Construction

The name is Bond… On-demand Bond

A brief insight into the most used form of security in the construction industry, bonds and guarantees, after the recent judgment of Autoridad del Canal de Panamá v Sacyr, S.A. & Ors put these forms of security instruments back in the limelight.

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  • 06 December 2017
  • Construction

Architect negligent because of client’s budget

A decision in October 2017 looked at whether the standard RIBA scope of services meant that an architect was required to ascertain and comply with a client’s budget when designing a project: Riva Properties Limited v Foster + Partners Limited EWHC 2574.

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  • 07 November 2017
  • Construction

Collateral Warranties: What to look for?

Collateral warranties are a key feature of the construction industry, and they enable beneficiaries such as funders, tenants or purchasers of a development to have a contractual link with the project team. Whilst it is possible to utilise the third party rights act, this route is limited, as seen in the case of Hurley Palmer Flatt Limited v Barclays Bank plc and you can read our analysis here.

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  • 07 November 2017
  • Construction

An uncertain future for Smash & Grab adjudication

recent decision in the Technology and Construction Court has prompted the industry to once again reflect on the well-documented cases of ISG v Seevic and Harding v Paice, from which the phrase “Smash & Grab” was born.