Andrew Noble originally trained and practised as a chartered surveyor (FRICS,FCIArb), becoming a specialist in the contractual and commercial management of substantial, prestigious, construction and engineering projects both internationally (Africa, Gulf and S.E Asia) and in the UK (London, Liverpool, Manchester, Birmingham and Edinburgh).

Following a successful career in Chartered Surveying, he returned to the UK to read law at the University of Manchester. He then read for and transferred to the Bar of England and Wales, where, following a chancery/commercial pupillage in Lincoln’s Inn, London, in 1992, he practices in the core areas of Enterprise Chamber’s work, specialising in all aspects of land/real property, construction, commercial, associated professional negligence and associated insolvency practice.

Andrew has practised all of his professional life in property/construction law and has many years experience in these areas as a chartered surveyor, as counsel and as a chartered arbitrator. He gives practical, clear advice to his clients in user-friendly language. Andrew has also qualified by examination and has experience in presiding as a chartered arbitrator in commercial, commercial property, construction and professional fee disputes and is regularly instructed in arbitrations as a barrister.

He is also an accredited ADR practitioner (Mediation, Conciliation, Adjudication & Expert Determination) and is a registered construction adjudicator. Andrew has successfully completed the CIArb's well regarded 9 day residential, international commercial arbitration course at Keble College, Oxford. He is again noted as a leading junior in the Legal 500 directories in the areas of property, professional liability and construction and engineering. The most recent entry in the Legal 500 is:..

"With a great reputation in construction disputes, Andrew Noble has ‘a wealth of relevant experience on a practical level in addition to his legal abilities"

Recent High Court/1996 Arbitration/ADR referrals include:

Property & Dispute Resolution

• Appointed by the Chairman of the Bar Council to determine, as expert, a substantial multi-million sterling dispute involving the calculation of potential Additional Payments from a developer to a former owner of significant hectares of development land - " overage ";
• Acting as counsel in a number of different cases across the country for new dwelling owners whose properties were negligently designed and/or constructed including claims against the Developer, the NHBC (under Buildmark) and the NHBC Building Control Services Limited ;
• Acting for buyers in a claim against the developer of a housing estate for damages for the vendor/developer’s renunciation of a contract to purchase a house (5 day trial in Leeds);
• Acting for Commercial Landlords and Tenants in the High Court and in 1996 Arbitration claims, for damages for dilapidations at the end of the term, including reinstatement for alterations claims, and on the applicability of s. 18(1) of the LTA 1927.
• Advising long-leaseholders concerning contractual and other claims arising out of seriously structurally defective works at a London apartment redevelopment project;
• Presiding and drafting a binding Award as sole Arbitrator in a Lloyds’ commercial insurance property dispute;
• Presiding and drafting a binding Award as sole Arbitrator in chartered surveyor’s fee dispute arising out of a contract for sale and compulsory purchase of commercial premises;
• Advised and represented a commercial landlord in existing litigation, in a 1954 Act lease renewal case, where the Court was to determine, as a preliminary issue, whether or not there was a ransom strip (which it was said by the tenant affected the rent to be determined by agreement or by the court);
• Advising potential Claimants in connection with the disturbance of an easement in a property in the South East.
• Advising in connection with HMLR Adjudication proceedings in boundary disputes including an appeal from the Adjudicator’s decision (not involved in case below);
• Advising Appellant in the Court of Appeal in connection with a boundary dispute where the Judge failed to subordinate the plan annexed to the conveyance to the wording of the deed of conveyance itself;
• Acting (Advising drafting and representing) for the Claimant in a contested boundary dispute in the Chancery Division of the High Court, involving registered land (5 day hearing) and thereafter successfully applying to court to commit the Defendant to prison (who was persistently in breach of the Court’s Orders concerning the location of the boundary) including drafting the application to commit and witness statements;
• Advising potential Claimants in connection with actionable misrepresentations arising out of Enquiries before Contract, concerning flooding to a property in the South East
• Acting as counsel in substantial rent review arbitration: engaged post arbitration to set aside Award;
• Acting as counsel in 8 day dilapidations/commercial 1996 Act arbitration and in enforcement proceedings;
• Acting as counsel in a claim for trespass centering on the value of a demolished dwelling:
• Appeal against an enforcement notice in respect of construction works performed to a Grade II* listed building;

Technology,Construction,Engineering, Energy & Dispute Resolution

• Struck out, in the TCC, on the first day of the trial, the Claimant’s claim in a dispute between the owner and former owner of a development property, on the basis of the prospects of success, given the evidence available and the previous Court Orders. No appeal;
• Advising a M&E subcontractor engaged on the Athletes Village at Stratford, for works done, but not paid for, who entered into an amended JCT 2007 Subcontract with the Main Contractor;
• Advising international JV contractor on substantial international “live” and completed construction and energy projects worldwide, (mostly) based upon FIDIC red or yellow book contracts (as appropriate) or ad hoc EPC conditions of Contract including on time (delay prolongation & disruption), liquidated damages and compensation claims:
• Advising on Cogen Combined Cycle Power Plant projects including the EPC Conditions of Contract and Umbrella agreements;
• Enforcement of Adjudicators’ decisions;
• Many cases acting as mediator and adjudicator;
• Acting as counsel in 9 day construction defects litigation.

Commercial & Insolvency

• Advising in relation to guarantees where the terms of the underlying provisions of a commercial contract had been varied (without the knowledge or consent of the guarantor)
• Defending an Employer in a spurious claim by an Administrator’s agent (a firm of Quantity Surveyors) upon the insolvency of a main contractor before the completion of the project in relation to the I.C.E conditions of contract;
• Acting (Advising and drafting) for Officeholders of an insolvent contractor against a sub-contractor for defectively carried out works.
• Various applications under the IA 1986: e.g. Advising in relation to an application brought by a LIP to bring an administration to an end, on the application of a major creditor pursuant to para. 81 of Schedule B1 to the Insolvency Act 1986 (Improper motive);
• Advising Dutch contractor in connection with the supply and installation of a ground source heat pump system to a main contractor at a London University in circumstances where the main contractor became insolvent.
• Advising the liquidator of a company following the successful Part 24 CPR claim by a Third Party Subcontractor against the company (in liquidation) arising out of an adjudication under Part II of the Housing Grants Construction & Regeneration Act 1996.
• Advising in relation to retention of title and in circumstances where the Employer sought the re-employment of a contractor with a new main contractor;
• Advising in relation to insolvency provisions/determination of contractors employments under standard forms of construction contracts
• Advising in relation to 'On demand' and other types of guarantee in domestic and international construction contracts
• Advising main contractor on restructuring proposals involving Sukuuk Islamic Bonds;
• Acting as counsel in 5 day trial commercial dispute between directors/shareholders involving quasi-partnerships and s. 459 Companies Act 1985 (as it then was!);

Professional Liability

• Acting (Advising, drafting and representing) on behalf of householders in professional liability claims for damages against chartered surveyors and other certifiers (including Architects) who issue certificates concerning the quality of newly constructed dwellings for the purposes of the security requirements of Lenders pursuant to the Council of Mortgage Lenders – Practical Completion Certificates (in lieu of e.g. NHBC scheme);
• Acting for property purchasers in claims against valuers and surveyors for allegedly negligent inspections, surveys, valuations and/o reports;
• Advised purchasers of property for letting the week after the Court of Appeal decision in Scullion was handed down (with a trial date imminent);Advised in a claim against an insurance broker who recommended the terms of a policy to a business, but which terms were totally unsuitable
• Advised and drafted proceedings in claims against architects arising out of the design of works and/or superintendance of the project;
• Acting as counsel in 8 day trial involving construction industry delay and disruption and direct loss and/or expense claims involving a main contractor and bathroom pod supplier;

In ADR procedures, Andrew appears in, and presides as a chartered arbitrator, adjudicator, expert, and mediator. being appointed by the parties and institutions. He is energetic, enthusiastic and hardworking, and thoroughly enjoys leading the team in litigation and arbitration/ADR and working with solicitors, clients and experts on strategy and detailed preparation, with a view to minimising risks and succeeding in the matters in hand. Andrew is a regular author, lecturer and trainer within his specialist areas, formerly having been a course designer and leader of an international master’s course in construction dispute resolution. He lectures to solicitors, in-house groups, the society of construction law and on behalf of conference organisers when available.

Areas of Emphasis

Real Property: boundaries, easements and profits, restrictive covenants, nuisance, trespass, conveyancing disputes, and commercial landlord and tenant (including possession claims, dilapidations and 1954 Act renewals).

Construction: HGCRA 1996 adjudications: preparing submissions for Claimants and Defendants both in adjudications, as well as in enforcement proceedings; breach of contract claims: (i) the quality of buildings and dwellings and their products; (ii) time - for delay and/or disruption to progress, and (iii) money - for direct loss and/or expense, and final account/ variations. Insurance claims including claims against the NHBC and NHBC Building Control Services Limited and local authorities (including the wider conveyancing and consumer law dimensions); Insolvency claims involving works unpaid for and plant and material stored on or off site, preferences and priorities. Advising in relation to all standard forms of construction contracts. And contracts that arise out of them including guarantees, bonds and insurance contracts.

Commercial: commercial contracts including vitiating factors (e.g. duress, misrepresentation and deceit), insurance contracts, guarantees, bonds, mortgages, shareholder agreements and disputes, partnership agreements and disputes, share sale agreements, franchising and factoring contracts, contracts for the supply of goods and services. Unfair Terms in Consumer Contracts Regulations 1999.

Insolvency: corporate and individual insolvency – all aspects of the winding up and bankruptcy process and security issues including bonds, guarantees and retention of title. Also the interaction of insolvency procedures and standard forms of construction contracts and industry-wide statutory adjudication.

Professional liability (including fee disputes): especially (all types of) surveyors, construction professionals (including architects, engineers, and contract administrators), office holders, insurance brokers financial advisors and lawyers.

Career & Associations

• LLB [Hons.] University of Manchester
• Property Bar Association
• Technology and Construction Court Bar Association (London Cttee Member)
• Professional Negligence Bar Association
• Chancery Bar Association
• Chartered Arbitrator, Regional Adjudicator and Accredited Mediator
• Former Branch Chairman of (i) The Royal Institution of Chartered Surveyors and (ii) The Chartered Institute of Arbitrators
• Completed 10 day CIArb International Commercial Arbitration Course - Keeble College, Oxford
• Bar Council appointed External Examiner for BVC
• Treasury Council (2000-2007)