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Justin Mendelle

Justin Mendelle

Senior Partner

020 7061 5948

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Justin trained and taught as an economist before qualifying as a lawyer. He brings a range of skills and expertise to his role as a trusted adviser. His areas of expertise are construction, procurement and disputes.

Justin advises on all aspects of construction law, from major infrastructure and development projects to town centre regenerations. He also advises on all manner of construction disputes, is a recognised adjudication specialist, and is regularly engaged in mediations, arbitrations, expert determinations and litigation.

Justin also advises on procurement law and has a detailed and practical knowledge and understanding of all procurement routes. He is enormously experienced in delivering projects through competitive dialogue, the competitive procedure with negotiation and the restricted procedure. He is not only fully conversant with the relevant rules and practices but is very well-versed in market positions and understands how to get projects delivered.

Justin’s role:

Justin works with central Government, local authorities, higher education institutions, utilities, NHS trusts, private companies, consultants and charities on a wide variety of construction and procurement projects. The work ranges from strategic advice on procurement routes to detailed negotiation of complex building contracts. He regularly leads procurements, where his role can extend to both evaluation and moderation of detailed technical submissions. He frequently briefs senior members of organisations at board level on sensitive and challenging issues. He is also regularly involved in advising on and resolving disputes, ranging from straightforward ‘smash and grab’ adjudications to highly complex contractual arguments on disputes that run into hundreds of millions of pounds. The scope of his practice includes JCT, NEC, PPC, ICE, GC/Works and all manner of bespoke PPP/PFI contracts and project agreements.

Skills and strengths:

Collaboration and teamwork are at the heart of Justin’s approach.  He takes the time to fully understand what his clients are trying to achieve and the challenges they face in doing so.  Justin takes a pragmatic and open-minded approach to helping clients achieve their objectives, aiming to become a member of their team.  Someone who they not only trust but want to work with.

Justin Mendelle is very commercially minded which is essential when advising on contractual disputes, and he provides excellent advice which is appreciated by the client teams.

Legal 500 – Edition 2023

  • Central Government
  • Health
  • Higher Education
  • Housing Sector
  • Local Government
  • Waste Sector
  • Construction Contracts
  • Construction Disputes Resolution, including Adjudication
  • Infrastructure
  • Procurement
  • Regeneration and development

Non-Contentious

  • Advising a central Government department on a strategically important, high value capital works project, using the NEC form of contract. Engaged on all aspects of the project, including the key strategic challenges, the construction procurement route and the wider legal obligations.
  • Advising a public sector client on a major programme of capital works with expenditure in excess of £500m, involving a wide range of professional consultants and a framework of contractors. Providing strategic and commercial advice on the procurement route, forms of contract and market positions.
  • Advising a local authority on the procurement of a contractor for the operation of an energy from waste facility, involving complex issues of law and numerous practical challenges.

Contentious

  • Acting for a London local authority in respect of a serious health and safety breach by the contractor. The Council sought an immediate termination of the contract, whilst the contractor disputed the employer’s right to do so. The matter proceeded to adjudication, where the issues were finely balanced between arguments about proportionality and literal contract interpretation. Our arguments prevailed and the contract was successfully terminated.
  • Acting for a public sector client in respect of a cladding and mullions claim on 3 tower blocks in West London. The Council’s position was that the contractor’s design and workmanship were both defective, resulting in the need for major replacement works. The contractor denied responsibility. The case involved complex issues of law and fact, requiring detailed legal analysis and expert reports. There were also jurisdictional issues regarding the appointment of the adjudicator. All of the contractor’s arguments were defeated, with the result that the Council did not have to pay for any of the remedial work.
  • Regularly acting for referring and responding parties in ‘smash and grab’ adjudications, extension of time claims and loss and expense claims under all forms of contract, with a focus on JCT and NEC.
Justin's Publications
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