James Grinstead

James advises clients on regulatory and compliance issues in the construction sector, including building safety (claiming and defending). 

• Acted for a developer client in the First-tier Tribunal (Property Chamber) defending multiple actions including a Building Remediation Order and application for determination in respect of service charges/increased insurance premiums. 

• Represented numerous social housing registered providers  against contractors/consultants in disputes arising in relation to the Building Safety Act and aligned Defective Premises Act amendments, as a consequence of defective fire safety works and contravention of Building Regulations relating to fire safety. 

• Advised and support registered provider client negotiations with main contractors in respect of complex settlement agreements addressing defect remediation and damages as compensation for cladding and external wall defects under the Building Safety Act and Defective Premises Act. 

• Acted for a subcontractor defending high-profile tall-building proceedings (pre-action, leading to litigation) for a £10m remediation claim for defective cladding and EWI installation on a major university accommodation project in south east UK. 

James is highly experienced in supporting clients with litigious matters pursued in the High Court (TCC). 

• Represented a small drywall subcontractor (defending) against a major UK housing developer contractor (claiming) in a multi-party dispute regarding fire safety defects (settled midway through proceedings). 

• Represented MW as defendant in Premier Engineering (Lincoln) Ltd v MW High Tech Projects UK Ltd [2020] regarding a final account dispute, incorporating claims for overpayment for labour, materials and plant. 

• Acted for Yuanda in the reported case Yuanda (UK) Company Ltd v Multiplex Construction Europe Ltd (and another), which considered whether an ABI performance bond could be called for liquidated damages before the final account was settled/resolved (including by adjudication). 

• Supported a government department in pursuing a claim against the original contractor for water ingress defects at a flagship unit of its property portfolio (value: £3.5m). 

James has substantial experience in adjudications, mediations and expert determinations, often drafting the submission documents and the supporting evidence documents. 

Adjudication 

• Acted for MW High Tech Projects UK Ltd (responding) in adjudication proceedings which raised the issue of whether power generation was the primary activity of the energy-from-waste plant being developed by the parties. 

• Acted on a final account dispute on behalf of a labour-only contractor and prepared full adjudication submissions including evidence (successful outcome with eventual global settlement of multiple project disputes between parties). 

• Acted for a major UK commercial property investor/developer in multiple adjudications (responding) in respect of extension of time and eventual final account settlement (dispute value £1.8m). 

• Acted for a school trust (referring) in final account (true value) adjudication with the main contractor (having successfully defended an initial adjudication in respect of interim payment application entitlement); success in full recovery of sums overpaid to the contractor in true-value final account determination (value £1m, with client recovery of £400K). 

• Acted for a government body in responding to a high-value adjudication (c.£3m) relating to EOT/delay on the construction of a new ferry terminal in the north-west of England involving multiple technical experts. 

• Supported a government office in relation to an international development project (in Africa) and multiple disputes with the main contractor for delay and prolongation costs. 

Mediation 

• Acted for G15 housing association in a high-value defects dispute culminating in mediation with a local government authority for wholescale structural defects inherited on disposal of property units; seeking to recover remediation costs (c.£12m). 

• Acted for a HNW client in a dispute with the contractor and subcontractors regarding wholescale defects in a private dwelling house, as part of a pre-action process before litigation (unresolved at mediation). 

James acts for insurers, contractors, and high-net worth individuals on claims involving professional negligence, regulatory breaches, and compliance matters. 

• Acted for a HNW client pursuing a professional negligence claim against former solicitors for loss of a chance in High Court proceedings (value: £3m / result: confidential settlement). 

• Acted on a professional negligence claim for an employer client against an architect for defective (non-compliant) designs leading to the employer having to defend claims brought through building safety legislation in the First-tier Tribunal (Property Chamber) (FTT). 

James advises clients on the importance of understanding and implementing ESG strategies for their businesses and its impact more widely from a compliance and reputational perspective. 

• Represented an international modular construction contractor engaged to develop sustainable housing in the UK for major Scandinavian housing provider. Dispute on defects and final account settlement. Settled before litigation (bespoke building contract). 

• Advised on the complex contractual intricacies of a bespoke retrofit project alongside funding elements and deliverables for a JV entity on a major retrofit project in the UK (1m homes a year). 

• Acted in support of numerous housing association/JV clients in preparing grant funding applications for SHDF wave funding (specifically SHDF waves 1, 2.1 and 2.2). 

• Advised on retrofit proposals coupled with fire safety remedial measures being implemented on tall buildings for a large London housing association. 

Member of the Society of Construction Lawyers 

Member of the Law Society for England and Wales