David Banks

A Legal 500 recognised key lawyer in the firm’s Construction and Engineering team, David joined the firm as an associate in 2017. He progressed to Legal Director in 2021 and then Partner in 2023. He now leads the firm’s Manchester arm of the ever-growing Construction and Engineering team.

David deals with dispute avoidance and (if necessary) resolution as to payment issues, defects and loss and expense claims in his sector. He prefers early involvement in respect of contract management/administration issues in order to seek a swift, commercial and amicable resolution. He also has a strong interest in adjudication enforcement matters and has had successful reported cases in the Technology and Construction Court in that respect.

David also acts for numerous banks and institutional lenders as to funded construction projects, ensuring that those clients have the required recourse against the team involved in the design and build process (usually by way of collateral warranties).

He is familiar with all industry standard form construction contracts (to include JCT and NEC) as well as more bespoke forms. 

David’s specialisms include:

• Adjudication payment issues to include validity of payment applications, payment notices and pay less notices (‘smash and grab adjudications’, as they are known).
• Enforcement of adjudicator’s decisions, to include dealing with challenges in relation to the same.
• Defects claims.
  • David acted in litigated proceedings for a claim (of circa £5m) in the Technology and Construction Court arising from a defective swimming pool and leisure centre. The claim was ultimately settled.
  • David successfully acted for a local authority in relation to a claim arising from defective decorative lighting system.
• Loss and expense claims arising from delayed completion of projects.
• Interim and final account disputes.
• Acting for an administrator appointed on behalf of an insolvent contractor and recovering unpaid sums of circa £1m.
• Due diligence work on behalf of funders and institutional lenders in relation to construction security across numerous development finance deals. To include the provision of collateral warranties.
• Procuring the construction agreements (to include the building contract, professional appointments and collateral warranties) as to the design and build of a school in NW England.
• Reviewing collateral warranties from the perspective of both the beneficiary and consultants, contractors and sub-contractors.