Jonathan Lewis KC

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Jonathan Lewis specialises principally in construction and engineering disputes in litigation, arbitration and adjudication.

He also has considerable experience in professional negligence work involving construction professionals.

Recommendations

Jonathan is recommended as a leading Construction Silk in Chambers & Partners, Chambers Global and the Legal 500.

Comments include:

an astonishingly gifted advocate, who is calm under pressure and great on construction-related insolvency matters
born to litigate, he has an impressive and enviable ability to dismember every single one of his opponents’ arguments point by point
simply the best junior at the Construction Bar in my opinion. A brilliant thinker and a highly experienced advocate who has just about the best cross-examination style I have ever seen
the complete package
an excellent advocate with a stinging intellect
exceptionally bright
he has fantastic energy and stamina
able to precisely dissect the most complex case and reduce it to its bare essentials
renowned for his impeccable attention to detail and extremely thorough preparation
very commercial and legally precise
a pleasure to work with

Construction and Engineering in the TCC and Arbitration

Jonathan has extensive experience in acting in all types of construction and engineering disputes whether in the Technology and Construction Court, arbitration or adjudication. He has been instructed in some of the most significant and high-profile construction disputes in the UK and internationally. His additional expertise in insolvency makes him unusually qualified to advise and act in construction disputes where issues of insolvency or potential insolvency arise.

Featured Construction and Engineering in the TCC and Arbitration cases

Providence Building Services Ltd v Hexagon Housing Association Ltd [2026] UKSC 1. Acting for Hexagon in its successful appeal to the Supreme Court and reversing the decision of the Court of Appeal in a landmark case concerning contractor termination rights under the JCT D&B 2016 contact, and the interpretation of standard forms.

ABM v Matiere SAS [2025] EWHC 1434 (TCC). Acting for Matiere in its successful claim and defence of a £20 million counterclaim in a case concerning breach of a joint venture agreement for the construction of tunneling for the HS2 rail link. Issues included duties of good faith and loss of chance.

Shepherd Construction Ltd v Kingspan and Ors. Acted for Kingspan in the TCC in this Lawyer top 20 case valued at £60 million, concerning alleged defective cladding and the Building Safety Act 2022.

Acting as Lead Counsel for Kingspan in Kingspan’s defence of all of its High Court, Building Safety Act and deceit claims relating to the manufacture of Kingspan products.

International Contractor v EU State. Acting as Lead Counsel for EU State in a major ICC arbitration (value 100 million euro) concerning defective and incomplete MEP systems for a new hospital.

Arjomandkhah v Seabrook Properties Ltd. Acting as Lead Counsel for the Claimant in this high profile and major claim in the TCC relating to the collapse of a Mayfair property during construction works.

Avantage Ltd v PRP Architects and Ors. Acted as Lead Counsel for the Claimant against multiple defendants in a high profile claim in the TCC concerning the well publicised fire and destruction of the Beechmere Nursing Home in Cheshire.

Acting for the Claimant in a $500 million ICC arbitration concerning a giga-project in Saudi Arabia.

Acting for the Claimant in a $60 million ICC arbitration concerning gas pipelines (on and off-shore) in UAE;

Acting for the Respondent in a €40 million LCIA arbitration concerning a gas explosion in the UK.

Acting for Project Co in major dispute under a PFI contract relating to defective M&E systems.

Acting on behalf of Irish engineering company in an international dispute relating to the design and construction of the North Sea link.

Acting on behalf of International contractor with regard to the design and construction of diaphragm walls for a new port.

Acting on behalf of a German construction company in respect of a dispute relating to Crossrail.

Acting on behalf of an Australian construction company in a dispute relating to the design and construction of a radio systems.

Acting on behalf of Irish employer against a Portuguese contractor in respect of a landmark project in Northern Ireland.

Acting in related arbitrations concerning defects in and the late completion of a major city center tram system. The cases concerned (amongst other things) issues relating to concrete technology and delay analysis.

Acting for Network Rail in relation to a major collapse of a coal mine tip onto the railway (at that time the largest coal related land slip since the Aberfan disaster). Value of the dispute: £35 million.

Acting for the fit-out contractor in an £80 million dispute concerning the fit-out of the Shangri-La Hotel at the Shard. The case concerned (amongst other things) complex delay analysis.

Acting for a group of Power Companies in an action concerning their failure to achieve the Community Energy Saving Programme Target (“CESP Target”) imposed by the Department of Energy Climate and Change and administered by Ofgem. The value of the dispute was 14 million. The dispute required a detailed understanding and application of The Electricity and Gas (Community Energy Saving Programme) Order 2009. The Order set an obligation on certain gas and electricity suppliers and certain electricity generators to reduce carbon dioxide emissions by promoting a range of energy efficiency measures (qualifying actions) to domestic energy users.

Acting for National Grid in a series of adjudications and in the TCC in disputes concerning the design and installation of security upgrade works to critically important electricity and gas substations. Issues included: delay and disruption, application of liquidated damages, rights of suspension and termination. Value of dispute c. £20 million.

Acting for National Grid and Transco in relation to a large explosion in London resulting in the destruction of several properties and businesses. The claims (valued in the many millions) concern property damage and business interruption losses.

Acting for a major utilities company against a main contractor in relation to a complex and substantial dispute under a utilities framework contract for the replacement and repair of waste and clean water infrastructure. Value of the dispute: £50 million.

Adjudication

In addition to TCC litigation and domestic and international arbitration, Jonathan has considerable experience in acting in adjudications most usually where the adjudications are high value/high stakes. He is regularly instructed to advise on strategy and draft adjudication documents, appear at adjudication hearings and appear at enforcement/related Part 8 proceedings in the TCC. In that regard he acted (successfully) in the landmark case of Hutton Construction Ltd v Wilson (Properties) Ltd [2017] EWHC 517 (TCC) in which the TCC gave guidance for the first time on the use of Part 8 proceedings in the context of adjudication enforcement. He has also acted in a number of other important adjudication enforcement cases in the TCC which have contributed to the development of jurisprudence in that area.

Construction Cases with an Insolvency Element

Featured Construction Cases with an Insolvency Element cases

Advising the Employer in relation to the insolvency of the main contractor under a £250 million construction contract.

Acting for the claimant against insolvent defendant in a major dispute concerning collapse of a coal mine (tip) onto the railway. Issues concerned cross border insolvency and the Third Parties (Rights Against Insurers) Act.

Acting in the adjudication enforcement case of Farrelly (M&E) Building Services Ltd v Byrne Brothers (Formwork) Ltd in which the court considered (amongst other things) the evidential burden and the evidence required to demonstrate insolvency in the context of adjudication enforcement proceedings.

Acting for the claimant in professional negligence proceedings (arising out of major construction defects) to make numerous applications to resist the dissolution of defendant company in liquidation.

Advising major Housing Association on its entitlement to suspend payment and terminate a £50 million construction contract on the grounds of an act of insolvency committed by the contractor.

Successfully acting for the Claimant on a tactically crucial application in the Chancery Division (in the context of extant TCC proceedings) to restore a dissolved construction company to the register and to appoint a Liquidator so as pursue a former director of the company on an indemnity given by him to the company.

Acting for sub-contractor in an action to exercise its retention of title clause so as to remove more than 50 fitted kitchens in a substantial housing development where the main contractor had gone into administration.

Acting for a refurbishment contractor in a dispute with the administrators of a large brokerage company. Issues concerning retention of title and vesting provisions with a construction contract.

Acting for the successful Employer in injunction proceedings to remove the parent company of an insolvent contractor from site in circumstances where the parent company maintained that it had exercised step in rights.

Acting for the employer to restrain a bank from exercising step in rights under a construction contract upon contractor’s insolvency.

Acted in numerous enforcement proceedings in the TCC where the issue of the Claimant’s solvency was the basis of resisting enforcement.

Successfully obtaining an injunction to restrain the presentation of a winding up petition on behalf of a major house builder and the obtaining third party costs order against a director of the contractor who wrongfully caused his company to serve a statutory demand in respect of a disputed debt where the contractor was insolvent.

Pure Insolvency

In addition to his insolvency experience in the construction field, Jonathan also has a wider commercial insolvency practice and acts on behalf of and against Liquidators and Administrators in cases involving antecedent transactions (preference and transactions at undervalue), directors’ misfeasance proceedings and the making and resistance of Administration orders.

Featured Pure Insolvency cases

Advising the board of Balls Brothers Limited concerning the high profile attempts by its bankers to put the company into administration.

Acting on behalf of a director in director disqualification proceedings arising from the farming of bio-oil in Australia.

Appearing in the important case of Hellard and Wade v Chadwick [2014] EWHC 2158 concerning the question of whether claims under ss.339 and 340 of the Insolvency Act 1986 are provable debts and are thus liable to be stayed at the court’s discretion.

Acting for the receivers in the case of JL Homes v Mortgage Express & Anor [2013] EWHC 3928 (Ch). An important case concerning the duties owed by receivers to borrowers and lenders.

Advising Kuwait Petroleum on UK insolvency law.

Acting on behalf of directors defending multi-million pound misfeasance and related disqualification proceedings following the failure of a well known electronics retailer.

Acting on behalf of directors in substantial misfeasance proceedings following the failure of a large construction company.

Acting for trustees in bankruptcy in an important case concerning the application of section 285 of the Insolvency Act 1986 (stay of proceedings against a bankrupt).

Acting for the Liquidator in high profile misfeasance proceedings against the former directors of a well known managing agency business. The central allegation being that the directors operated the business as a ‘Ponzi scheme’.

Representing the respondents opposing an appeal by major creditors against the approval of IVA’s in the context of a multi-million pound deficiency. Issues concerning dishonesty of respondents and the dissipation of assets.

Successfully representing the Liquidators in a preference and transaction at undervalue claim in the Chancery Division against the former director of this substantial engineering company.

Acting for trustee in bankruptcy in a case concerning the assignment by a trustee in bankruptcy of a cause of action without the court’s sanction and locus of third parties to treat a transaction as void under section 284 of the Insolvency Act 1986 (see Power v Brown [2009] EWHC 9 (Ch), [2009] B.P.I.R. 340 Ch.D.).

Acting on behalf of an internationally renowned professional poker player in a high profile application to set aside a statutory demand for a substantial sum arising from spread betting, [2010] EWHC 1353 (Ch); [2010] B.P.I.R. 815.

Acting in numerous opposed applications for Administration Orders.

Acting in an action for breach of a share purchase agreement in the context of a reverse merger.

Andrews v Bohm and another [2005] All ER (D) 161, Mann J. First reported decision of the High Court confirming the jurisdiction under the Insolvency Rules to dispense with personal service of a bankruptcy petition.

Jay Benning Peltz (a firm) v Brian Deutsch [2001] BPIR 510(Ch), Neuberger J. Chancery Appeal concerning the interrelationship between the CPR and Insolvency Rules and the way in which a court should exercise its power to make an order of its own motion.

Professional Negligence

The main focus of Jonathan’s professional negligence practice concerns construction professionals, including acting for and against architects, engineers (structural, civil and fire) project managers and surveyors. Many of the construction and engineering cases in which he has been involved concern issues of professional negligence.

Featured Professional Negligence cases

Acting in a $500 million ICC arbitration in relation to alleged design defects against designer.

Acting for the Employer against Employer’s Representative under a PFI contract in a significant professional negligence action valued at £30 million. Central allegation concerns certification of works without identification of widespread serious defects.

Acting for M&E engineers in a claim for professional negligence in relation to pipework design under a PFI contract for the construction of a hospital.

Acting for engineers in a claim for professional negligence in relation to the design of a waste to energy plant.

Acting for the Employer in a claim for professional negligence against structural engineers in relation to the design of a recycling plant.

Acting for the Employer in claims for professional negligence against numerous members of the consultant team (M&E engineers, architect, structural engineers and employer’s agent) in relation to design and construction defects of a housing development.

Acting for the Employer in claims for professional negligence against architect, geotechnical and structural engineers in relation to piling and basement construction for a major development.

Acting for National Grid in a case concerning the cause and consequences of a gas explosion in a London High Street which resulted in the destruction of a numbers of properties.

Acting for Network Rail in a dispute concerning the cause of the collapse of a coal mine onto the railway. The case concerned (amongst other things) the failure to identify defective construction and maintenance of a coalmine tip involving complex geotechnical and engineering expert evidence. The subsequent collapse was the largest since the Aberfan disaster.

Acting in a dispute relating to the design and construction of major diaphragm port walls. The dispute involves complex engineering and geotechnical expert evidence. Value of dispute: £70 million.

Acting in a dispute concerning the total collapse of a 5-storey building caused by the negligent design of structural steelwork. Acting for the owner against consultant engineers and steelwork connection designers.

Acting for the architects in five successive actions arising from the alleged negligent design of 5 schools under a PFI contract.

Acting for consultants in a major multi-party professional negligence action concerning the alleged negligence of the professional team in a compulsory purchase claim of a tower block in London. Value of dispute: £10 million.

Acting in the important case of Dhamija v Suningdale [2010] EWHC 2396 (TCC) which was the first reported decision concerning the duties owed by quantity surveyors in 40 years.

Related news

Judgment handed down in Providence Building Services Ltd v Hexagon Housing Association Ltd [2026] UKSC 1

The Supreme Court has today handed down Judgment in the case of Providence Building Services Ltd v Hexagon Housing...