“one of the UK's top construction lawyers”
Chambers UK 2019

Overview

Jonathan Hosie is a partner in the Construction & Engineering group, who focuses on the management of risks under construction and engineering contracts. He provides clients with both front-end procurement and drafting advice on project documentation as well as dispute management representation, involving such diverse projects as power stations, petrochemical plants and process engineering, mining concessions, tunnels, transportation systems (road, rail and water), large utility contracts (in the water, energy and telecommunications sectors), city centre office developments, hospitals, schools and mixed use developments. As part of his commitment to the industry, he served on the Council of the Society of Construction Law for more than 10 years and has chaired a number of industry working groups, including within the Design Build Foundation (now Constructing Excellence) and for the Joint Contracts Tribunal on the development of a multi-disciplinary form of appointment.

Jonathan has extensive international experience, having worked on projects in various jurisdictions within Africa, Central and South America, as well as Russia, Scandinavia, Switzerland, Eastern Europe, the Middle East, India and the Far East. In these matters he has undertaken both front-end procurement and contract drafting work as well as resolving claims through arbitration.

Jonathan joined Mayer Brown as a partner in 2004. He has more than 25 years of legal practice experience with other major firms as partner, senior associate and assistant solicitor. In 1994, he was awarded the Hudson Prize by the Society of Construction Law for his paper on liquidated damages.

Spoken Languages

  • English

Experience

Projects

  • Advised the lenders, including Société Générale and BNP Paribas on the financing and development of Roxgold Inc.'s Yaramoko gold project in Burkina Faso ("Africa – Mining and Metals Deal of the Year 2015" IJGlobal Europe and Africa Awards).
  • Advising the EPC contractor engaged under FIDIC Yellow Book terms on a complex re-structuring on the contract arrangements including the novation of another EPC contract to bring that within the EPC contractor's scope, in connection with the development of a major automated port facility development in Mexico.
  • Leading the team on an exercise to establish a set of market-standard amendments ‎for the developer of fertiliser process plants to be built/expanded internationally. The exercise included the up-dating of the owner's in-house EPC form and developing a set of amendments to the FIDIC Silver Book as well as up-dating the owner's own procurement checklist and procedures.
  • Advising on a major EPC contract for the expansion and modernisation of a refinery complex for a National Oil Company in South America, with an estimated value of works in excess of US$3 billion, based on the FIDIC Silver Book.
  • Leading on the English law aspects for an international bidder on a project to construct and operate a nuclear power plant comprising two Pressurised Water Reactors with a rating of 1000 MW each, in Eastern Europe.
  • Leading on the project contracts for a major petrochemicals complex in Egypt, advising lender group institutions on a series of EPC and related contracts for a Naptha Cracking Unit plus Polyethylene trains, based on bespoke contract forms with total costs estimated at US$4.8 billion.
  • Advising on the contracting strategy and subsequent procurement by the project sponsor of a US$4.5 billion petrochemical project in the Kingdom of Saudi Arabia. Advice included the drafting and negotiation of the project documentation including EPC contracts (based on FIDIC Silver Book terms for cost reimbursable FEED contracts, converting to Lump Sum for the main process units plus OSBL), the Project Management Contract, on-shore/off-shore versions plus co-ordination agreements for the main construction documents and security documents in the form of Direct Agreements, PCGs and performance bonds.
  • Advising on a number of mining deals including the negotiation of all project documents comprising EPC and EPCM contracts, on-shore/off-shore versions and co-ordination agreements, security documents and related construction documentation. Recent projects include acting for the project sponsors of a €250 million nickel mine project in Turkey and a US$300 million gold/copper/zinc/silver deposit in Eritrea as well as acting for the financiers of a US$1.144 billion copper mine project in Baja, Mexico which received the Exploration and Development Funding Award from Mines & Money in 2010. Jonathan also led on the project documents for the lenders on the US$120 million Voskhod nickel mine project in Kazakhstan, which was awarded European Mining Deal of the Year in 2006.

Disputes

  • Acting as lead partner on the prosecution of claims for variations, loss and expense and extensions of time on the £1 billion plus mixed-use development at White City, London, working with the contractor's commercial team to achieve satisfactory closure on claims as to time and cost overruns.
  • Acting for a number of major UK contractor companies on the development and execution of their risk management strategies, with a combined portfolio of business in excess of £2 billion annually. Dispute work includes representation in adjudication, arbitration and High Court proceedings as well as expert determinations and mediations.
  • Advising a major UK contractor in multi-party proceedings involving claims for alleged defective design and construction works in connection with a retail development, with proceedings in the Technology & Construction Court.
  • Representing claimants and respondents to adjudication proceedings on a regular basis since the Construction Act came into force in 1999 and has been involved in a number of reported enforcement actions including FW Cook Ltd v Shimizu (UK) Ltd (2000), Shimizu Europe Ltd v Automajor Ltd (2002), Beck Peppiatt Ltd v Norwest Holst Construction Ltd (2003), William Verry (Glazing Systems) Ltd v Furlong Homes Ltd (2005) and Multiplex Constructions (UK) Ltd v West India Quay Development Co (Eastern) Ltd (2006).
  • Acting as co-counsel to a substantial US contractor in an international arbitration arising out of a US$5.4 billion refinery complex in India, being conducted under UNCITRAL rules.
  • Advising the project owner in arbitration proceedings arising out of an EPCM contract for a mining project in West Africa based on the FIDIC White Book.
  • Advising the project owner on extension of time claims arising out of an EPC contract for the expansion and upgrade of a 730MW combined heat and power facility.
  • Advising the monoline insurer on its exposure and rights under a distressed PFI project in the UK with a value in excess of £400m, including advice in relation to court proceedings as to the completion criteria to be applied by the Independent Tester.
  • Advising Lenders on treatment of an Event of Default in relation to a claim‎ for over $17m commenced by a contractor on a project in West Africa under a contract based on the FIDIC Red Book.

Education

King's College London, University of London, MSc

University of Wales, Cardiff, LLB Hons

Admissions

  • England and Wales

Memberships

  • Member of the Editorial Board for LexisPSL Construction
  • Advised CRASH (the property and construction charity for the homeless) on its risk management policies and related corporate governance issues
  • Has advised RedR (engineers for disaster relief) on risk management issues  
  • Member of the Construction & Dispute Resolution Panel of the Chartered Institution of Civil Engineering Surveyors (CICES), 2010 to date
  • Trustee of St Christopher’s Hospice 2010-2012
  • Hosted major fund raising for St. Christopher's Hospice's 40th anniversary in 2007
  • International Bar Association (IBA), with interests in the International Construction Projects Committee and the Mining Law Committee, 2007 to date
  • Society of Construction Law (Council office 1994-2007), member 1990 to date
  • Chartered Institute of Arbitrators (Associate member, 1990 to date)
  • Technology and Construction Solicitors Association (TeCSA), and accredited by TeCSA to act as an adjudicator
  • Chairman of the King's College branch of the Arbitration Club, 1996 to date
  • External tutor on the MSc course in Construction Law and Arbitration at King's College London, 1998 to date
  • Founder member of the Design Build Foundation (now part of Constructing Excellence), 1997
  • Chairman of JCT working group for the development of a multi-party form of appointment for use in the public sector, 2003 to 2007
  • Appointed by the RICS dispute resolution policy committee to serve as a lawyer assessor for re-assessment of RICS registered adjudicators and for chairing appeal panels, 2005 to date

Constantly ranked as a key individual by both Chambers and Legal 500 and other industry guides:

  • Jonathan Hosie is “one of the UK's top construction lawyers,” say sources. He offers a wealth of experience in acting for both supplier and purchaser-side clients, and is highly capable of representing clients in an array of industry sectors. He advises on the full spectrum of construction-related work, including procurement and dispute management. (Chambers UK 2019).
  • Jonathan Hosie’s "expertise rivals anyone within the industry". (Legal 500 2018). 
  • Listed in the Seventh Edition (2018) of The Best Lawyers in the United Kingdom for his work in construction law.
  • Jonathan Hosie is a hugely respected construction practitioner who advises clients on both the purchaser and supplier sides of the market. His broad domestic and international practice spans the spectrum of contentious and non-contentious issues in areas such as power, infrastructure and real estate development. Clients appreciate that he "understands the commercialities" and is a "great thinker." (Chambers UK 2018).
  • Listed and recommended in the 2016, 2017 and 2018 Who’s Who Legal: Mining.
  • Jonathan Hosie provides transactional and contentious advice to both purchaser and supplier clients. He advises on big-ticket developments, including power, infrastructure and large office developments. Peers particularly highlight his mining experience. (Chambers UK 2016).
  • Chambers UK 2016 ranks 30 Mayer Brown practices and 47 lawyers. Jonathan is one of only two lawyers in the UK ranked in Chambers 2016 as being in the top Band A for his work in representing both Purchasers (Employers) and Suppliers (Contractors).
  • Key players in the noncontentious team [construction] include Jonathan Hosie (Legal 500 2015);
  • The 2015 London Super Lawyers top 100 list recognised Construction & Engineering partner Jonathan Hosie;
  • Is listed in The International Who's Who of Mining Lawyers 2015;
  • Band 1 for London Construction. Jonathan Hosie is "very experienced and very helpful – he wants to get to the bottom of things and root out the problems quickly," notes a commentator (Chambers UK 2015);
  • The 2014 London Super Lawyers top 100 list recognised Construction & Engineering partner Jonathan Hosie;
  • The "sensible and pragmatic" Jonathan Hosie is an expert in construction-related documentation (Chambers UK 2014);
  • Jonathan is "experienced, knowledgeable and pragmatic", a "meticulous bargainer" (Legal 500 2013);
  • He is "a very good sound lawyer" (Chambers UK 2013);
  • He is admired by sources across the sector, with clients describing him as "exceptional in big disputes" (Chambers UK 2012);
  • "One of the standout lawyers in construction" (Chambers UK 2011);
  • he has "a sharp and analytical mind" (Chambers UK 2010);
  • a "forward-looking, innovative thinker," able to "grasp things quickly." (Chambers UK 2009);
  • Noted for "for keeping his finger on the pulse," (Chambers UK 2008);
  • Clients comment that he is a "smooth and very thorough operator." Peers and clients alike regard Jonathan Hosie as "an unconventional, serious player" (Chambers UK 2006).