During the construction of any building, civil or infrastructure works, there is a risk of loss or damage to property.
Construction All Risk (“CAR”) insurance comes in many different forms including Contractors All Risk, Erection All Risk, Plant All Risk, Industry All Risk or perhaps as part of a wider Combined All Risk or Owner Controlled Insurance Programme. Whilst it is sometimes described as a non-standard form of construction insurance, it is commonly used on large infrastructure projects and in the offshore oil industry, where the WELCAR offshore construction project policy wording is well known.
The level of cover provided often varies and disputes commonly arise as to whether there has been loss or physical damage, rather than the existence of a defect, or whether policy exclusion applies to deny or limit cover.
The types of risks often covered under CAR policies include (but are not limited to) loss or damage arising from an occurrence of flood, wind, earthquake, water damage or construction faults.
As international construction and insurance specialists, we regularly advise both insurers and their insured clients on CAR insurance claims and policy wordings. We have advised on major projects both in the United Kingdom, including on Crossrail, and internationally, where we have advised on projects in the Middle East and Central Asia amongst others.
We have a wide experience of advising clients – from UK start-ups to established, multinational companies – on all types of technology, IT and IP matters including:
- IT litigation (both as claimant and defendant);
- International technology outsourcing;
- Software licensing and development;
- Supply of hardware and support;
- Value-added reseller arrangements;
- E-Business legislation/regulation;
- Service levels;
- Cloud insurance;
- Mobile application development;
- Systems integration;
- Information security;
- Escrow;
- Data protection compliance;
- US Safe Harbor regime;
- Freedom of Information Act requests;
- Cyber risk; and
- IT policies e.g. Bring Your Own Device, IT Security, Social Media.
We advise companies on how to manage potential risks around new products and projects, protecting their intellectual property and assisting in the commercialisation of new ventures.
This experience and our understanding of client needs enable us to deliver when it matters most, particularly in complex and high profile cases.
We are experienced in advising on public procurement under the Public Contracts Regulations 2015 and the Utilities Contracts Regulations 2016 and procurement challenges.
We provide advice to bidders on the entire lifecycle of a bid. Our services can be provided throughout the UK and include advice on:
- Award procedures;
- Early stage reviews of Pre-Qualification Questionnaires and Invitations to Tender;
- Challenging procurement awards;
- Analysis of tender award notices;
- Remedies for breach of procurement law;
- Standstill periods;
- Ineffectiveness claims;
- Recovery of bid costs on unsuccessful tenders;
- Framework agreements;
- Varying public contracts;
- Extension of public contracts;
- Appointment of sub-contractors;
- Freedom of Information Act requests;
- Training to in-house legal and commercial teams on managing the tender process and how to challenge successfully
We also advise clients on their own non-regulated tender processes i.e. preparing Invitation to Tenders, setting selection and award criteria, the preparation of service level agreements and benchmarking.
We are widely recognised in the directories for our strength and expertise in disputes. Our lawyers have many years’ experience in dealing with high-value, cross border, multi-jurisdictional and complex international arbitrations.
We have a wealth of experience and deep sector knowledge relating to the insurance, construction, engineering, infrastructure, power and energy sectors.
We regularly act for contractors and employers on a wide range of construction-related disputes, particularly those involving delay, extensions of time, loss and / or expense (including prolongation and disruption costs), variations, suspension and termination, defective design and payment.
We are familiar with the major arbitration rules including ICC, LCIA, SIAC, HKIAC, DIAC, ADCCAC and DIFC-LCIA. We also have extensive experience of conducting ad hoc arbitrations under UNCITRAL and other rules, as well as DAB / DRB proceedings, expert determinations, mediations and litigation.
We conduct arbitrations all over the world, whatever the governing law of the dispute or applicable arbitration rules. We have advised or acted in relation to disputes in the Middle East, Africa, Europe, Australasia and the America’s.
For details on our experience and team, view our International Arbitration flyer here.
With a thorough understanding of the insurance market, reinforced by close relationships with insurance industry organisations, we advise a significant number of Lloyd’s and corporate insurers and those that they insure. Our lawyers advise on domestic and international projects including across Europe, the Middle East, the Far East and Australasia.
We specialise in advising on all types of related policies including: Construction All Risk; Design and Construct; Professional Indemnity; project specific and general liability. In addition we deal with contentious construction (design and workmanship) and health and safety issues to assist clients in matters that may involve an insurance angle.
Our lawyers also advise on policy wording and interpretation in relation to provisions required for a project (including LEG/DE design and defect exclusions) and apportionment of risk prior to a job starting and any disputes which may arise. We have experience of working with both the insured and their insurers on subrogated matters to ensure the best recovery for both parties.
Combining an in-depth understanding of the environmental industry with commercial awareness and legal expertise, we advise our clients on their environmental compliance obligations and risks, assisting them in minimising and managing their legal problems.
This requires knowledge of the regulatory framework in which our clients operate and an understanding of its commercial needs. Our environmental law expertise covers:
- Regulatory investigations and enforcement
- Environmental disputes
- Environmental risk management
- Environmental compliance
- Water law
- Climate change
- Resource and waste management
- Environmental and insurance coverage
- Warranty and indemnity
- Global claims
Our experience includes advising on claims and disputes relating to a variety of pollution and contamination matters and handling claims arising from exposure to hazardous substances, landfills or contaminated watercourses. We have also defended clients in respect of environmental prosecutions brought by the Environment Agency and Local Authorities.
Our team has been instructed on environmental group actions defending claims for losses and damages arising from contamination, odour nuisance and other environmental factors.
Our insurance team also advises on policy wording and coverage issues arising from the full range of environmental policies and extension wording including EIL, Contractors Pollution and Operational Insurance.
“great understanding of environmental law” and “wastes no time in getting to the heart of the issues.”Chambers UK 2019
We advise companies and individuals on all aspects of an investigation by the Police, HSE, Environment Agency or other enforcing authority. We represent clients where enforcement action is taken and through prosecutions.
Our services and advice covers: the immediate aftermath and when the Inspector calls; attendance at interviews under caution; insurance coverage analysis and liaison; attendance and representation at coroners’ inquests; enforcement action and the response; representation through prosecutions to trial; sentencing and plea bargaining; and handling the civil claim(s).
Our expertise includes corporate manslaughter; gross negligence manslaughter; and breaches of health and safety, fire safety and environmental legislation and regulations. We are particularly aware of how these incidents can impact on all those involved and can empathise accordingly.
Recent experience includes: representation in relation to a high profile public inquiry; fire-related incidents, collapse of structures on infrastructure, building projects and power stations.
Our experience extends from domestic litigation to international arbitration as well as DAB/DRB proceedings, adjudication, expert determination and mediation.
Our experience and specialist knowledge means we have a clear understanding of the issues involved in, and the best strategy for taking forward, claims concerning delay, extensions of time, loss and/or expense (including prolongation and disruption costs), variations, suspension and termination, defective design, payment and professional negligence. We also advise in relation to property damage claims (including pursuing subrogated recovery on behalf of insurers), together with claims relating to CAR/EAR and project-specific insurance policies.
Our lawyers are integral members of the communities in which they practise so they are well-placed to advise our clients in the context of relevant market atmospheres. Our strong understanding of international jurisdictions enables us to successfully resolve disputes and contribute to our clients’ success in the UK, Ireland, Middle East, Africa, Europe, Central and South East Asia, Australasia and the Americas.
Our Corporate team specialises in acting for clients in the construction, technology and financial advisor sectors and is able to assist with: M&A and business transactions; business and ownership structures; data and GDPR; IP and brands; and, business support. We have extensive experience of advising on acquisitions and, by teaming with local partners around the world, act as a one-stop shop for our clients’ international deals.
Our corporate and transactional lawyers are able to advise you on:
- M&A and business transactions: including mergers and acquisitions; divestments of non-core business streams; distressed purchases; due diligence investigations; management buy-outs and buy-ins; and private equity, corporate and project finance.
- Business and ownership structures: joint ventures and strategic alliances; setting and restructuring of corporate groups and LLPs; shareholders’ and LLP agreements; professional practice succession planning.
- Data and GDPR: advice covering digital and electronic assets, GDPR and data protection.
- IP and brands: commercialisation of new ventures; identifying and managing potential risks to IP; introducing measures to safeguard confidentiality; enforcing non-disclosure; safeguarding copyright and moral rights; defending defamation allegations; protecting digital rights; conducting IP litigation (both as claimant and defendant); licensing of IP rights; managing IP portfolios covering patents, registered and unregistered design rights and trademarks.
- Business support: our lawyers advise on property and lease transactions and problems; employment practice issues – from the day to day, to transactional support; employment rights, dismissal and restrictive covenant claims; share and option schemes; and a comprehensive contract advisory service for a whole range of business activities and commercial relationships.
The team advise on all front-end aspects of projects, including: contract reviews and tender checks; contract formation and project procurement; tender procedures and competitions; the negotiation and conclusion of contract documents; joint venturing and contractual entitlement; project variations; and dispute avoidance.
We have extensive experience of advising on various procurement routes, including: traditional, design and build, construction management, management construction, partnering, alliancing and PPP, including PFI and LIFT.
Recently, we have advised on several variations and terminations on long-term contracts including two of the largest by value PFIs procured in the UK.
The team are often involved in innovative procurement procedures, such as drafting the first and second editions of the CIC BIM Protocol in the UK, and helping shape collaborative arrangements such as alliancing agreements by advising bidders during many competitive dialogues.
