Fenchurch Law Construction Risks

Construction Risks

Fenchurch Law Construction Risks
Case Study

Construction Risks

Advising a construction and engineering joint venture on the interpretation of a defect exclusion clause under a project CAR policy following the occurrence of damage during the construction of an underground pipeline.

The challenge

Our Construction Risks team advised a construction and engineering joint venture on the interpretation and effect of a LEG3 defect exclusion clause following the occurrence of damage during the construction of an underground pipeline. Whilst insurers initially made an interim payment under the policy, they subsequently argued that the effect of the exclusion was that our client was required to repay some or all of that payment and was not entitled to any further sums.

The solution

Insurers were unwilling to alter their position without the need for formal proceedings and therefore our clients commenced arbitration. On account of the arguments raised by insurers, the proceedings were complex and involved various aspects of expert evidence.

The result

Whilst the parties engaged in mediation during the arbitration process, settlement was not achieved in advance of the final hearing. Our clients were subsequently awarded a very significant sum by the Arbitrator who endorsed our clients’ interpretation of the policy.


Fenchurch Law Rob Goodship

Rob Goodship

Rob Goodship

Senior Associate Solicitor

Tel: +44 (0)20 3058 3084
Mob: +44 (0)7849 084 554
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“I’m proud to work for Fenchurch Law – a genuine leader in its field. Our close-knit and supportive team is specialised, focussed and forward-thinking and we are united in our commitment to secure the best possible outcome for policyholders and the sense of reward this brings.”

Rob is a Senior Associate Solicitor, working across our Construction Risks and Property Risks practice areas. He specialises in insurance coverage disputes with a particular focus on construction and property risks.

Rob graduated with a law degree from the University of Hertfordshire, before achieving his LPC with Distinction from the University of Law, London.

Rob has over a decade’s specialist experience.  Prior to joining Fenchurch Law in 2019, he spent 8 years at Kennedys as an Associate in the Property, Energy and Construction team. During his time at Kennedys he was also seconded to an insurer where he predominantly advised on coverage issues.

Rob has previously acted for a number of leading insurers in relation to coverage disputes concerning a broad range of first party and liability claims, as well as defending claims against professionals. He has also acted jointly for insurers and their insureds in a number of large subrogated recovery actions.

Rob is a member of the Society of Construction Law.


Fenchurch Law Amy Lacey

Amy Lacey

Amy Lacey

Partner

Tel: +44 (0)20 3058 3079
Mob: +44 (0)7711 701 965
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Amy assists policyholders and insurance brokers on London market coverage issues, with a focus on Construction and Property risks. Acting for owners and contractors in the UK and internationally, she has particular expertise on engineering projects, infrastructure, luxury residential and hotel developments.

Amy joined Fenchurch Law as a partner in 2016. Specialising in banking and insurance disputes since qualification in 2005, she is experienced in litigation, arbitration and alternative forms of dispute resolution, as well as non-contentious policy drafting advice. Amy has acted on many complex high value claims across a wide range of first party and liability policies, including Construction, Property Damage, Business Interruption/Delay, Professional Indemnity, Public Liability, D&O and Crime/Fidelity.

In Legal 500 UK, Amy is ranked as a Next Generation Partner – Insurance Litigation: For Policyholders.

Amy is an elected member of Council for the Society of Construction Law UK.

She is a member of the British Insurance Law Association, National Association of Women in Construction and Lloyd’s Yacht Club.


Toby Nabarro

Toby Nabarro

Associate Solicitor

Tel: +44 (0)20 3058 3073
Mob: +44 (0)7597 571 397
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“I was drawn to Fenchurch Law due to the truly impressive breadth and depth of expertise in policyholder claims. I relish the opportunity to be able to assist policyholders with legal claims against insurers, who have traditionally held the advantage in insurance disputes. Only by levelling this playing field, can policyholders achieve a fair outcome in disputes.”

Toby is an Associate specialising in coverage disputes and has a particular focus on expanding the firm’s presence in the North of England.

Prior to Fenchurch Law, Toby trained at DLA Piper with experience in Litigation and Commercial Dispute Resolution, Finance and Banking, Corporate Restructuring and Insolvency and Commercial Real Estate. Toby graduated from Lancaster University with a BA in Politics, Philosophy and Economics and subsequently completed the Graduate Diploma in Law and the Legal Practice Course (LLM) at the University of Law.

Toby is a member of the Chartered Insurance Institute.


Fenchurch Law David Pryce

David Pryce

David Pryce

Managing Partner

Tel: +44 (020) 3058 3072
Mob: +44 (0)7515 612 249
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“I founded Fenchurch Law so that policyholders would be able to access insurance disputes solicitors with the same specialist focus and market knowledge as are available to insurers. We work tirelessly to create an environment where every member of the team can reach their full potential and is committed to the firm’s cause of levelling the playing field for policyholders.”

Our Managing Partner, David, is one of a handful of lawyers recommended by both Chambers and the Legal 500 for representing policyholders in insurance coverage disputes. He is individually ranked in Band 1 of Chambers & Partners for representing policyholders in insurance disputes and is ranked as a Leading Individual in the UK in that field by Legal 500. Legal 500 says that he is “always thinking one step ahead” and describes him as “a very bright and capable litigator with real tactical nous” and “an incredibly smart and experienced insurance lawyer who is not afraid to go toe-to-toe with anyone in the industry”. Chambers says “David is an absolutely fantastic strategic thinker” and that “he is right at the top of his game and exceptional at what he does.

Before founding Fenchurch Law in 2010, David was a Partner in a boutique law firm that specialised in advising insurers in relation to insurance coverage issues and professional indemnity claims.

As well as being responsible for running the firm, David also leads our Construction Risks practice. His work in that area whose involves representing policyholders in relation to claims under Construction All Risks, Design & Build Professional Indemnity, Latent Defects and Third Party Liability policies. He regularly deals with disputes involving “damage vs defect” issues, “design vs workmanship” issues, and the proper interpretation of ‘DE’ and ‘LEG’ defects exclusions.

He also advises policyholders and brokers with regard to cyber insurance wordings and disputes, including identifying gaps and overlaps between cyber and non-cyber insurance programmes and advising in relation to ‘silent cyber’ issues. David represented the policyholder in one of the first major ‘silent cyber’ insurance claims in the London market.

David is a Solicitor Advocate with rights of audience in all Higher Courts in England & Wales, a member of the British Insurance Law Association and the Society of Construction Law, and is a Vice-Chair of the Insurance Coverage Litigation Committee of the American Bar Association, where he focuses in particular on promoting cooperation and sharing best practice between UK and US policyholder advocates.