
Sean Smylie
Chartered Quantity Surveyor & Adjudicator
Experience: 30+ Years
Adjudications: 100+
Location: London, UK
Key Attributes
- Complex Matters Understanding
- Quick Issue Identification
- Objectivity & Fairness
Professional Summary
Sean Smylie is a Chartered Quantity Surveyor with a wealth of experience in the construction industry.
Academic Qualifications
- LLB
- MSc (Construction Law)
Professional Qualifications
- FRICS
- MICArb
- Dip.Adj
Professional Bodies
- RICS
- IChemE
- UK Adjudicators
Contractor Experience
Shepherd ConstructionKyle Stewart ContractorsMowlem Building
Expertise & Industry Leadership
Comprehensive Experience
Sean has considerable experience on the contractor side of the industry, having worked for Shepherd Construction, Kyle Stewart Contractors and Mowlem Building during his career. He has experience of over 100 adjudications, involvement in arbitration and litigation, in both the TCC and the Court of Appeal. He is very conversant with the JCT suite of contracts, NEC 3, PPC 2000 and FIDIC. He also has a working Knowledge of MF/1 and the I Chem.E forms of contract.
Sean has gained wider industry experience with his involvement with the JCT, where he is an alternate director and a member of the Contractor's College. Sean was also on the Steering Group of the RICS for the production of the New Rules of Measurement and in particular NRM2 (Detailed measurement for building works).
Sean has spent most of his working career in resolving construction related disputes, be they upstream or downstream, from simple adjudications to the most complex of litigation, including professional negligence disputes. Sean spent many years involved in the City Inn litigation, a seminal case in relation to the application of the extensions of time machinery under JCT contracts.
Notwithstanding any of the above, Sean's principal attributes are his ability to understand complex matters and to quickly get to the nub of an issue, his objectivity and his fairness.
Industry Leadership Roles
JCT Alternate Director
Contractor's College Member
RICS NRM2 Steering Group
Extensions of Time Machinery Expert
Contract Expertise
JCT Suite
NEC 3
PPC 2000
FIDIC
MF/1
I Chem.E Forms
Dispute Resolution Experience
Adjudication (100+ cases)
Arbitration
Litigation (TCC & Court of Appeal)
Professional Negligence Disputes
City Inn Litigation (Seminal Case)
Key Case Experience
City Inn Litigation
Seminal case in relation to the application of the extensions of time machinery under JCT contracts. Extensive involvement over many years.
TCC & Court of Appeal
Direct experience with litigation in both the Technology and Construction Court and the Court of Appeal.
Representative Dispute Cases
JCT Extension of Time Dispute
2022Complex extensions of time dispute under JCT contract involving concurrent delays and programming analysis, with significant implications for liquidated damages.
Contract
JCT Design and Build
Value
£22M
Forum
Adjudication & Litigation
Outcome
Successful resolution of key principles
Professional Negligence Claim
2021Professional negligence dispute involving design consultants and contractor claims for defective design and resulting delays.
Contract
Bespoke Professional Services
Value
£15M
Forum
TCC Litigation
Outcome
Settlement reached
NEC3 Compensation Event Dispute
2020Multiple compensation event claims under NEC3 contract for major infrastructure project, involving complex valuation and programming issues.
Contract
NEC3 ECC
Value
£35M
Forum
Adjudication
Outcome
Partial award with detailed valuation
FIDIC International Arbitration
2019International arbitration under FIDIC contract for overseas infrastructure project involving multiple jurisdictions and complex legal issues.
Contract
FIDIC Red Book
Value
€50M
Forum
International Arbitration
Outcome
Successful award enforcement