We are deeply saddened to announce the death of Jon Miller, who passed away peacefully early on the morning of Monday 2nd September after a very short illness. We are devastated at his untimely passing. We have included a tribute to Jon on our news page here [1]. Please do contact us if you have been affected by his passing or would like to share memories of Jon.
Jon left school at 16 to work as an apprentice. He later re-entered full-time education, qualifying as a solicitor in 1989, and has worked exclusively in the area of construction and engineering law since then. He subsequently obtained an MSc in Construction Law and Arbitration.
Jon lobbied the House of Lords on behalf of the construction industry during the passing of the Housing Grants, Construction and Regeneration Act 1996 and prepared the first draft adjudication rules for two adjudicating nominating bodies. He is also a practising adjudicator and mediator.
Jon worked with the JCT, NEC3, GC/Works 1, IMechE, IChemE, ICE and other Standard Forms of Contract (Jon drafted the RICS/ISURV Guide to the NEC3 Form of Contract). He also advised on and drafted bespoke domestic and international contracts.
Specialist expertise
Jon was involved in both dispute resolution as well as non-contentious work.
Examples of Jon’s expertise included:
Dispute resolution:
- acting on a number of issues arising out of the Grenfell Tower tragedy, including matters relating to fire codes, building regulations and cladding issues;
- acting for a college in Oxford University to obtain an injunction to prevent a contractor from removing materials (including all advocacy in the High Court);
- acting as solicitor advocate in the Technology and Construction Court in London for the enforcement of an adjudicator’s decision;
- advising several different contractors on potential disputes and ongoing problems for work carried out on the Olympic Site in Stratford, East London (including legacy issues);
- pursuing claims arising out of work on the Jubilee Line (£50m) and Channel Tunnel (£100m+);
- defending a major contractor for a claim brought by an M&E subcontractor in arbitration worth circa £5m;
- pursuing an adjudication for a US contractor in relation to a water treatment works in the UK – circa £10m;
- defending claims regarding asbestos and mesothelioma.
Non-contentious:
- preparing agreements for construction of a laboratory for a learning research university;
- drafting several agreements in connection with the redevelopment of Earls Court in London;
- advising a UK contractor on the terms of contract for a civil engineering project in sub-Saharan Africa;
- drafting two trade contracts for the construction of one of the tallest buildings in the UK (£13m + £8m);
- negotiating contracts for the East Coast Main Line;
- regularly carrying out tender appraisals as well as negotiating draft contracts, appointments, bonds, guarantees and warranties.
Adjudicator/mediator:
- acting as adjudicator on two concurrent adjudications relating to the construction of a major pipeline in the Midlands/Wales for circa £4m;
- acting as adjudicator in respect of a negligence claim against an engineer (circa £3m);
- acting as mediator in a boundary dispute involving a Tenants’ Group and a London Borough.
Health and safety:
- dealing with litigation relating to asbestos/mesothelioma;
- dealing with HSE investigations;
- dealing with Rail Accident Investigation Branch inquiries and reports.
Other activities
Jon was a visiting lecturer at Anglia Ruskin University as well as a speaker for the Institute of Structural Engineers, Chartered Institute of Building Service Engineers, Expert Witness Institute, RIBA and RICS.
Jon's memberships/positions
- fellow of the Chartered Institute of Arbitrators;
- academy of Experts and TeCSA accredited and practising mediator;
- RIBA, TeCSA, AICA and CIC adjudicator;
- member of the Adjudication Society;
- member of the Society of Construction Law;
- companion of the Chartered Institute of Building Service Engineers;
- member of the Technology and Construction Solicitors’ Association;
- former Board Member of CIArb London Branch, Constructing Excellence in Essex and CIBSE North East Home Counties;
- member of the RIBA Disciplinary Panel.
