Construction Law and Litigation

At TheJudge, we have secured risk transfer terms for a broad mix of construction cases. Whether we are engaged by developers, public or private sector clients, we recognise the complexities of construction litigation.

Counterclaims and multi-party litigation is just one of the typical hurdles to overcome when broking appropriate risk transfer tools for clients engaged in a construction claim. Whether a client requires litigation insurance and/or Third Party Funding, we don’t just seek to secure a competitive deal in terms of price, but also in terms of policy coverage. Policies can vary enormously in how they respond to the different potential outcomes of multi-party claims. It is therefore imperative for clients to know that they have the necessary cover, tailored to their specific circumstances and risk.

Whether the claim is being litigated by way of Arbitration (including international arbitration) or in the Technology and Construction Court (TCC), with a requirement of £50,000 or £5m of litigation insurance or funding, we know which markets to approach and how to negotiate favourable terms.

It is highly likely that if we are able to secure offers of ATE insurance and/or Third Party Funding for your construction dispute, the terms will be on the basis of deferred and conditional upon success payments, meaning that neither insurers nor funders earn a penny if the case is unsuccessful. With ATE insurance, if the case succeeds, the premium should be recoverable from the opponent along with the legal costs (if the case is being litigated in England & Wales).

To discuss your construction litigation case please contact, James Blick or Matthew Amey.

If you are ready to make an application please download an application form, click here.