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Richard Gerstein, Partner, Real Estate

Richard Gerstein


Personal Profile

Richard is a Partner in the Real Estate department and heads the Construction and Professional Negligence group.

He acts for a variety of clients ranging from major developers, property investors, banks and occupiers through to contractors, sub-contractors and consultants on all aspects of dispute resolution arising out of construction contracts.

These claims invariably involve extensions of time, loss and expense, entitlement to payment, defects and enforceability of bonds. Richard has a wealth of experience in claims and disputes in the Technology and Construction Courts, having acted on some of the leading cases over the past 25 years, as well as in arbitration and adjudication proceedings.

Richard has spent many years advising banks, businesses and individuals on claims against surveyors, solicitors, accountants, construction professionals and financial advisers. His expertise covers negligent valuations, advice on commercial and real estate transactions, tax advice, investment advice, and design specification, and administration of construction projects. In addition, Richard advises on commercial disputes for clients in the real estate sector.

He is a Fellow of the Chartered Institute of Arbitrators and a Member of the Professional Negligence Lawyers' Association, the Society of Construction Law and Constructing Excellence. Chambers & Partners 2024 ranks him as a Leader in his Field, and has previously described him as "tenacious" and "highly intelligent". Legal 500 2024 has noted that his "calm demeanour in particular is invaluable in a fast-paced claim with an adversary with ever-changing tactics".

Key Experience

  • Acting for Mears Limited in their dispute in the Technology & Construction Court with Family Mosaic Housing in connection with a Term Partnering Agreement for rapid response repairs.
  • Acting for the successful defendant architect challenging the jurisdiction of the Technology and Construction Court in Heifer v Christiansen.
  • Acting for the director of a major property developer in a dispute as to the quality of the design and build of his home.
  • Acting for a number of ultra-HNW individuals on disputes as to the value of construction works carried out at the homes, including disputes as to extension of time and loss and expense.
  • Acting on a claim against solicitors who gave negligent advice in relation to an intellectual property case in the Court of Appeal.
  • Acting for the chairman of a property company on claims arising from the collapse of his multi-level basement.
  • Advising two Italian banks on a dispute with the beneficiary of performance and advance payment bonds in relation to a development project in Russia.
  • Representing TV presenter Noel Edmonds in relation to his High Court claim for alleged breach of a joint venture agreement for a development site.
  • Advising a number of claimants in multi-million negligence claims against their financial advisors.
  • Advising an off shore group of companies in a claim for negligence against two firms of solicitors and counsel in relation to a property development.
  • Advising for private individuals on claims for negligence in relation to tax advice given by accountants and solicitors.
  • Acting in John Barker v London Portman Hotel  and  Enterprise Managed Services Ltd v Tony McFadden Utilities Ltd

Career History

Partner, Mishcon de Reya LLP
Partner, Matthew Arnold & Baldwin
Partner, Goodman Derrick
Partner, Finers Stephens Innocent
University of Durham

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