On Site Podcasts

Episode 16: Onerous Construction Contracts with Simon Dunkling of Arbicon. Pete Talks About His Personal Experiences of Contracts.

Ep 16 Simon Dunkling
Written by Jackie De Burca

These words are certainly not music to many peoples’ ears but they are integral to any construction business operating successfully and avoiding huge legal battles and the scary costs associated with them.

This episode is well-timed in November 2021, as the industry sees challenge after challenge of rising material costs, along with shortages in both materials and labour.

“Avoiding ambiguity is key to avoiding disputes. One of the biggest problems faced is changes that are verbally instructed on site. Getting those matters agreed in writing can sometimes be problematic.” Simon Dunkling of Arbicon.

“When you enter into a contract the sums are phenomenally high, and sometimes the penalties can be quite arduous as well.” says our builder by day and TV builder by night, Peter Finn.

About Simon Dunkling

Simon started his career as a contractor’s QS, then developed his career joining Arbicon to work as a project QS, forensic QS and claims consultant obtaining a Masters degree in Construction Law and Practice and achieving Chartered Surveyor status. Simon has acted as Contract Administrator for Clients and managed numerous construction projects for contractors. In addition to the delivery of major construction projects, Simon has also prosecuted and defended many claims by negotiation, adjudication and dispute resolution.

Simon adds a further dimension to the Arbicon team in respect of the evaluation of legal construction problems and is very knowledgeable and experienced in the application of adjudication including the “Construction Acts”, namely the Housing, Grants, Construction & Regeneration Act 1998 and the Local Democracy, Economic Development and Construction Act 2009 and the associated Schemes for Construction Contracts that go with those Statutes. Simon has expert knowledge on adjudication enforcement case law and has witnessed important cases heard in the TCC. Simon has acted for and against some of the biggest construction firms in the UK including Main Contractors, Subcontractors and Employer.

Simon is an expert on construction contracts and construction contract law, advising on JCT and NEC contract forms. Simon is an authority on the interpretation of contracts including the understanding and application of Construction Statutes; Simon is also an advisor, negotiator and an expert on contract procurement including writing contract amendments, Employers Requirements and Contractors Proposals.

Simon is a specialist in all aspects of Construction Contract ADR. Simon is available to be appointed as an Expert Witness assisting the parties or the Court/Tribunal in getting to a resolution in disputes. 

About the author

Jackie De Burca

Creative director, author, podcaster, presenter and media consultant. De Burca’s first podcast, Creative Places and Faces, is ranked in the top two percent of all podcasts worldwide, by Listen Notes. She is also director of the award-winning digital agency, CWA with a client list that includes the construction industry. Over the years, she has developed creative concepts and written scripts for a series of health and safety videos, which were key to upgrading the safety practices of many companies.

As well as producing and directing, De Burca also teaches media to private and college students. She is committed to sustainability and connected to the environment, and its potential to nurture our lives.

De Burca is the author of Salvador Dalí at Home and the creator of Travel Inspires.

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