Oz Berkovitz Law Office
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Liability & Personal Insurance

Construction & Engineering

Insurance and liability disputes arising from building works, project losses and engineering failures.

Construction losses frequently sit at the intersection of property insurance, contractual obligations and tort liability. We advise and represent clients in disputes involving damage during construction, alleged defects and the responsibilities of participants in a project. Our analysis considers the works insured, the stage reached and the factual relationship between the alleged failure and the damage.

  • Contractors’ risks
  • Damage during works
  • Engineering evidence
  • Contractual indemnities

The works, the event and the policy

We review the insurance documentation alongside the project contracts, plans, progress records and reports of the incident. Questions may concern the insured property, the relevant period of cover, exclusions affecting defective work, damage to existing property or third-party interests. The treatment of the defective element and resulting damage is examined under the particular wording, without assuming that every project loss receives the same response.

Responsibility across the project

We assess the conduct and obligations of the parties involved, including those responsible for design, execution, supervision or maintenance where relevant. Engineering evidence is used to test the alleged mechanism of failure and the connection with the claimed damage. Contractual indemnities, insurance obligations and potential contribution claims are evaluated within the wider liability position.

Quantum and practical resolution

The assessment of repair and reinstatement costs considers the scope of necessary works, the quality of supporting estimates and the distinction between rectification, improvement and unrelated expenditure. Our litigation and settlement advice reflects the strength of the technical evidence, the involvement of other parties and the cost of resolving disputed issues. Potential recovery rights are considered while documents and physical evidence remain available.

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