Joshua Bernie

Joshua is a Senior Associate in the construction team specialising in the resolution of contentious construction disputes. 

Joshua advises main contractors, employers and local authorities across a variety of sectors including waste to energy, the NHS, education, highways, public housing and aged care. Specifically, representing clients engaged in adjudications, arbitrations and in TCC proceedings in relation to disputes arising under JCT, NEC and PFI contracts.

Recently, Joshua acted for two local authorities in a dispute concerning a defective waste to energy treatment facility in the midlands, procured under a PFI agreement. Directing the disclosure exercise, from start to finish and in compliance with Practice Direction 57AD which was introduced whilst the proceedings were on foot. The case was one of the highest value claims in the TCC list at the time which settled for approx. £94 million.

Prior to this Joshua practised law in Sydney Australia where he acted for a developer in Supreme Court litigation concerning Opal Tower. Defending against and prosecuting multiple cross claims extending up and down the entire length of the supply chain and across a series of separate proceedings. The high-profile case fundamentally changed the construction industry by mandating the existence of a new statutory ‘duty of care’ on all persons who perform construction work and leading to the creation of a new building commissioner with powers to investigate building defects and to issue building work rectification orders.