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Tim Atwood

Senior Associate

Portrait ofTim Atwood

Tim Atwood

Senior Associate

Contact
CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English

Tim is a Senior Associate in the Construction & Engineering team with over eight years’ post qualification experience in the sector. He has a diverse range of experience in transactional construction matters, across mixed use and city centre schemes, hotels, retail parks and commercial spaces, as well as in life sciences, the defence sector, and the data centre industry. 

Tim regularly advises developer and investor clients on all stages of construction procurement and funding, as well as sales and purchases, and has recently advised some high-profile clients on their acquisition and fit-out of prime London office space. He is a member of the Society of Construction Law and Technology and Construction Solicitors Association and sits on the TeCSA 10s committee.

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Relevant experience

  • A global datacentre owner / developer / operator in relation to developing a suite of market-ready contract documents for use in multiple jurisdictions.
  • Multiple occupier clients on the fit out of their spaces in landmark central London developments.
  • Various owner and contractor clients on re-cladding projects since Grenfell, including negotiating agreements, procuring works and the disposal of assets conditional on satisfactory re-cladding.
  • A leading scientific university in the UK on construction, fit out, and facilities management across its various campuses;
  • A leading charitable trust in the science and healthcare sectors on the ongoing development of a major research campus in the UK, and the modernisation of its construction document precedent bank.
  • A US oil sector client on procuring a facility in the UK using a bespoke contracting approach.
  • An institutional investment fund on the design and procurement of a shopping centre in the UK with associated infrastructure plus a cinema, supermarket and hotel, and its subsequent disposal.
  • The same investment fund on the ongoing development of a collection of city centre retail assets in the north of England, advising them for over five years all the way until disposal of the assets.
  • Numerous lenders providing development finance in the hotel sector, including some unique boutique and high quality hotels in London and the UK.
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Memberships & Roles

  • Committee member, TeCSA 10s, Technology and Construction Solicitors Association
  • Member, Society of Construction Law 
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Publications

  • The effect of assigning subcontracts upon termination (Construction News, Nov 2020)
  • EfW case brings clarity to payments under hybrid contracts (Construction News, May 2020)
  • Is Brexit a cause of contract 'frustration'? (Construction News, May 2019, with Shona Frame)
  • BIM in practice: ownership of design data and access to the CDE (RIAS, Feb 2018, with Shona Frame)
  • Brexit: Construction contracts and changes in law (Construction News, Jul 2017)
  • Legal Q&A: Brexit (Civil Engineering Surveyor, Jun 2017)
  • Brexit, changes in law and ECC option X2 (NEC User’s Group Newsletter, May 2017, with Karen Clarke)
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Education

  • 2008 – GDL, BPP, London.
  • 2006 – MappSci, James Cook University, Townsville.
  • 2003 – BSc (Hons), Kings College London.
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Expertise

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25/01/2024
Termination for repeated breach and late payment under the JCT
A recent TCC decision has considered the meaning of the JCT termination provisions for repeated breach. The decision concludes that a contractor may only terminate for repeated breach where it has previously...
Law-Now Real Estate
04/09/2023
The new IChemE Blue Book for EPCM contracting
Earlier this year, the Institution of Chemical Engineers (IChemE) added a standard form Engineering, Procurement and Construction Management (EPCM) Contract, the Blue Book, to their suite. This is the...
Law-Now Real Estate
13/07/2022
Assignee claims under collateral warranties and “no loss” clauses
A recent TCC decision has considered the recoverability of assignee losses under a collateral warranty which contained an express “no loss” clause. The case involved an assignment by a funder through...
Law-Now Real Estate
30/11/2021
The Final Account Procedure under the JCT Design and Build Contract
A recent TCC decision has considered two significant issues arising under the final account procedure of the JCT Design and Build Contract. First, whether a Notice of Completion of Making Good is required...
Law-Now Real Estate
15/07/2021
Deemed design liability in consultant appointments
A recent Scottish Court of Session decision has considered the interpretation of deemed design liability clauses in consultant appointments. The consultant in question was found to be liable for designs...
Law-Now Real Estate
26/10/2020
Assignment of sub-contracts on termination: contractors beware 
A recent TCC decision has considered the effect of provisions which require contractors to assign sub-contracts on termination for default by an employer. The court’s decision meant that the contractor...
Law-Now Real Estate
19/08/2020
Do Energy from Waste plants fall within the Construction Act?
A recent TCC decision has considered whether Energy from Waste plants fall within the power generation exemption in section 105 of the Housing Grants, Construction and Regeneration Act 1998 (the “Con­struc­tion...
Law-Now Energy & Climate Change
24/07/2020
The new normal for construction contracts: CLC Future Proofing Guidance...
The Construction Leadership Council has recently supplemented its Covid-19 Contractual Best Practice Guidance, which looked at ways of dealing with issues arising on live contracts, with “Future Proofing...
Law-Now Coronavirus (COVID-19)
21/05/2020
Play nicely: Cabinet office and industry guidance aimed at facilitating...
Recent Cabinet Office Guidance has strongly encouraged parties to act responsibly and fairly in the performance and enforcement of contract obligations. In the context of the construction industry this...
Law-Now Real Estate
10/03/2020
The power generation exemption and hybrid contracts: Court of Appeal guidance
A Court of Appeal decision last week is the first to provide authoritative guidance as to the approach to be taken to hybrid contracts under the Construction Act. Such contracts arise as a result of limited...
Law-Now Energy & Climate Change
14/10/2019
Hybrid contracts and the payment provisions of the Construction Act
The Construction Act contains a limited exemption for certain specified activities in relation to power generation projects and other specified engineering facilities, to which its payment and adjudication...
Law-Now Energy & Climate Change
12/04/2019
The Frustrations of Brexit – Managing Risks in Construction Contracts
A recent judgment in the High Court has held that an EU agency’s lease of a London property would not be frustrated as a consequence of the UK’s withdrawal from the EU. Whilst the case concerns a...
Law-Now Real Estate
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