Sean Garbutt
Areas of expertise
Sean is a highly experienced construction disputes expert. He has acted for the full breadth of parties involved in the industry, including employers, main contractors, end-users, registered providers, national and regional house builders, specialised sub-contractors and consultants, insurers and loss adjusters and insolvency practitioners.
This depth of experience across all parties gives Sean an ability to understand the likely competing motives of not only his own clients but those of the other parties to a dispute.
Experience
Sean has particular experience and expertise in matters arising from the Building Safety Act and associated regulations. This includes acting for the successful applicant (Triathlon Homes LLP) in obtaining the highest profile Remediation Contribution Order in relation to building safety defects in the former Athletes’ Village in Stratford, London. Aside from the Triathlon matter, Sean has also obtained and defended various Remediation Orders and Remediation Contribution Orders.
Sean’s experience of the way historic and future liabilities are managed under the framework of the BSA has also enabled him to provide strategic advice to funders and registered providers on procurement of new development sites and the disposal of existing developments through both corporate and real estate sales.
Aside from his building safety experience, Sean is also well versed in prosecuting and defending claims commonly arising in the construction industry. This includes claims concerning delay, defects, insolvency, payment. Whilst these are regularly projects procured under standard form contracts (JCT, NEC, FIDIC, IChemE etc), often they also concern issues impacting far more complex and intertwined development agreements, agreements for lease, conditional contracts as well as specific ad-hoc industry contracts such as Network Rail Implementation Agreements, Asset Protection Agreements and Basic Asset Protection Agreements.
Those disputes on which Sean has acted are across a wider range of projects, including house building and development, commercial, infrastructure and logistics heavy and light industrial, rail and energy.
Sean also has experience in advising on various issues arising at the end of long term PFI and PPP contracts, particularly in relation to handback, availability and maintenance liabilities.
Directories
Key Lawyer, Legal 500 2025
Education
Swansea University (2010) LLB (Hons) - 2:1
Personal
When not at work, Sean spends time chasing after his young family. When time allows, Sean is an enthusiastic but distinctly amateur sportsman and will try and turn his hand to any sport with varying degrees of limited success.