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Mark Kirke

Partner

CMS Cameron McKenna Nabarro Olswang LLP
Saltire Court
20 Castle Terrace
Edinburgh
EH1 2EN
United Kingdom
Languages English

An accredited specialist in construction law who “fights his clients' corner hard and is very impressive" (Chambers), Mark has extensive experience of successfully advising Employers and Contractors in the avoidance and resolution of construction disputes.

Mark has in-depth experience of both advising clients and providing advocacy in litigations, arbitrations and adjudications as well as alternative dispute resolution processes such as mediation. All this allows Mark to work with clients to help quickly and cost-effectively secure the best possible outcome.  

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"First class."

Legal 500, 2020

"sensible and easy to work with."

Chambers, 2019

“Fights his clients' corner hard and is very impressive"

Chambers

Relevant experience

  • A leading Main Contractor on multi-million pound claims in relation to a major hotel, leisure and retail development as well as on multi-million pound claims in respect of other office, mixed-use and health projects (both new-build and refurbishment).
  • A leading M&E Contractor on multi-million pound claims.
  • A leading Contractor on multi-million pound claims against a Council in respect of a roads project.    
  • A number of Employers in pursuit and defence of multi-million pound claims in respect of Flood Defence Schemes.
  • A Utility on a multi-million pound claim against a Contractor in respect of issues in a distribution network.
  • An Employer in pursuit of claims and defence of counter-claims in respect of a waste project and defence of claims on a harbour project.
  •  a Roads Authority in pursuit of multi-million pound claims on a roads project.
  • A Joint Venture (charged with delivering a water utility's billion pound capital investment programme of works) in the defence of a large number of Adjudications.  
  • PFI / PPP, NPD and Hub special purpose vehicles on a number of disputes with Authorities and / or Contractors arising out of Schools, Health, Defence and Custodial projects.
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Education

  • 2004 - Law, LLM in Construction Law, University of Strathclyde, Strathclyde
  • 1995 - Law, Dip LP, University of Dundee, Dundee
  • 1994 - Law, LLB (Hons), University of Glasgow, Glasgow
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11 March 2020
Scot­land Con­struc­tion Fo­cus 2020
04 Jun 19
TCC ap­plies NEC ad­ju­dic­a­tion time-bar
A re­cent de­cision of the TCC ap­pears to be the first case to ap­ply an NEC time-bar which re­quires dis­putes to be no­ti­fied with­in one month for non-Con­struc­tion Act con­tracts. The prac­tic­al ef­fect of the...
10 May 18
Ter­min­a­tion for con­veni­ence: a sword and a shield
We pre­vi­ously re­por­ted on two High Court de­cisions re­lat­ing to the ef­fect of ter­min­a­tion for con­veni­ence clauses as po­ten­tial lim­iters on claims for loss of the bar­gain dam­ages in ter­min­a­tion cases. A...
22 Mar 18
Dis­crep­an­cies clauses and du­ties to warn un­der the JCT / SB­CC form
The Scot­tish Court of Ses­sion has re­cently con­sidered the ex­tent to which a duty to warn can arise un­der the dis­crep­an­cies clause in an SB­CC Design and Build 2011 con­tract. This clause re­quires the Con­tract­or...
02 Nov 17
Grand designs: ar­chi­tect found li­able for costly design
A re­cent TCC de­cision has con­sidered wheth­er the stand­ard RIBA scope of ser­vices re­quires an ar­chi­tect to as­cer­tain and com­ply with a cli­ent’s budget when design­ing a pro­ject. In this case, a well known...
30 Jun 17
NEC4: New dis­pute res­ol­u­tion and dis­pute avoid­ance pro­vi­sions
Last week saw the launch of the much-an­ti­cip­ated NEC4 suite of stand­ard form con­struc­tion and en­gin­eer­ing con­tracts (see our earli­er Law-Now here). In this art­icle we provide an ana­lys­is of the changes...