Michael Smale

Mike is a Senior Associate specialising in the resolution of construction disputes.  He is recognised as a ‘key lawyer’ in the Legal 500 guide and has a wealth of experience working with contractors, sub-contractor, architects, engineers, surveyors, building inspectors, property managers, certifying parties, contract administrators and their insurers.   Mike qualified at a London based insurance firm in March 2014.  He joined Kennedys in November 2014 and re-located to the UAE in 2022. 

Much of Mike’s work involves technical, high value, multi-party disputes which arises from the use of bespoke and standard format construction contracts.  He is experienced in civil procedure, adjudication, arbitration and mediation as well as non-contentious matters including contract review and drafting.

Mike’s recent experience includes acting for:

• an Employer in respect of various disputes relating to critical delay and payment arising from the construction and delivery of a landmark Dubai project;
• an Employer in respect of contract disputes arising from the implementation of Covid-19 control measures;
• an international firm of Architects in respect of the design and construction of a 16ha mixed use, waterfront development on Saadiyat Island, Abu Dhabi;
• a specialist design consultant in respect of the design and construction of a hanger in KSA;
• an international firm of architects in respect of a claim arising from both delay and the design and specification of 97 luxury apartments in Kensington;
• a certifying party in respect of the construction of residential towers adopting a modular design;
• a sub-contractor in respect of the design and installation of pipework for a power station;
• various design consultants, main contractors and sub-contractors in respect of the design and specification of cladding on commercial and residential developments;
• an international firm of architects in respect of a claim for delay and design issues arising from the construction of a prestigious art gallery;
• contractors and sub-contractors in respect of design, specification and construction issues including allegations of defective workmanship.

Mike is pragmatic in his approach and looks for innovative, practical and cost-effective solutions. 

He has undertaken a secondment with a major London insurer and regularly writes and talks about legal issues relating to the construction industry and its insurers.  Mike is a member of the Forum of Insurance Lawyers (FOIL) and the Society of Construction Law (SCL) and regularly attends events.

Qualifications

• Qualified in England and Wales in 2014