David Pliener

Introduction & Contact details

David is recommended as a leading junior in Construction and Insurance in both the Legal 500 and Chambers UK.

“The "commercially minded" David Pliener is regularly involved in disputes relating to high-profile and high-value engineering and infrastructure disputes domestically, while internationally he has been instructed on a number of mandates in the Cayman Islands. He recently acted in a USD150 million international arbitration concerning re-building works in the aftermath of the damage caused by Hurricane Ivan on Grand Cayman. He has impressed sources with his ability to get a firm grasp of pertinent issues and "his willingness to go that extra mile for his instructing solicitors." – Chambers UK 2012

“Bright and well-prepared.  A "safe pair of hands, who brings commercial insight" to insurance and construction insurance cases”. – Chambers UK 2012

"very client-focused" - Chambers UK 2011

David has developed a very successful construction, insurance and commercial based practice. David acts for various insurance, construction and other major companies in high value and complex pieces of litigation, domestic and international arbitration and adjudication and mediation. He enjoys strong working relationships with his solicitors and has a reputation for a common sense approach and effective advocacy.

Outside of the law, David divides his time between family, friends and football; not always in that order.

Articles

• 'Robinson Redux: be careful what you wish for', Construction Law Journal (2011) Vol 27 No.2 p117-132 (with Michael Wheater)
• 'Yeganeh' ruling adds fuel to fraudulent claims fire', Insurance Day, 23 July 2010 (with Jeffrey Thomson) 
• 'Outflanking Murphy v Brentwood: Claiming in Tort for Pure Economic Loss', Construction Law Journal (2010) 26 Const.LJ. Issue 4, 270 – 277
• 'A question of substitution: why the Sardinia Sulcis is unlikely to surface', Insurance Day, April 15 2005
• 'At last a charity for mediation', New Law Journal, 2004, Volume 154, No. 7132, 878 - 879

Qualifications

• BSc (hons) First Class
• Dip Law
• Middle Temple Harmsworth Scholar 

Professional Associations

• COMBAR
• London Common Law and Commercial Bar Association
• Tecbar
• Society of Construction Lawyers
• Professional Negligence Bar Association
• British Insurance Law Association
• Adjudication Society

T:   020 7242 2523(switchboard)
F:   020 7691 1234
E:   david.pliener@hardwicke.co.uk

Construction & Engineering

Much of David’s practice involves substantial construction and construction related disputes and he has wide experience of very high value litigation, arbitration and adjudication. He represents contractors, construction & engineering professionals, property owners and insurance companies in all manner of construction related work, both domestic and international.

David also has extensive experience in construction insurance disputes, including CAR, professional indemnity, product liability and public liability policies. He regularly advises on all manner of coverage and avoidance issues.

David is recommended as a Leading Junior in Construction & Engineering in both Chambers & Partners and Legal 500.

David is also a Tecbar accredited adjudicator.

Recent Work:

• RC v Insurers [2010] US$150 million international arbitration concerning re-building works in the aftermath of the damage caused by Hurricane Ivan in Gran Cayman. The claim involved both complex coverage issues on a CAR Policy and extensive expert disputes including M&E and Earthworks.
• AMEC/Carillion v Atkins [2010] (TCC) Acting for a construction joint venture in relation to a £15 million professional indemnity dispute in the TCC arising out of the construction of a new runway at Manchester Airport.
• Volkerfitzpatrick v URS [2011] (TCC) A £10 million professional indemnity dispute in the TCC concerning allegations of defective design of the A10.
• AMEC/McAlpine v Mouchel Parkman/Generali [2010] (TCC) An £8 million professional indemnity dispute concerning the design and construction of the A1(M) in Yorkshire.
• M v F [2011] Acting for a high profile employer in a multi-million dispute with its M&E designer for landmark City development.
• Heritable Bank v Horner [2011] (Mercantile) A £4.5 million architect and valuer’s fraud and conspiracy case.
• Scan Estates v Security & General [2011] (Bahamas Supreme Court) A £1 million hurricane damage claim, with issues concerning insurance coverage and arbitration jurisdiction.
• HBH v Oikos [2011] (TCC) Advising Employers in Adjudication enforcement proceedings in relation to applicability of Icelandic law and whether assignees have the right to adjudicate.
• P v B [2011] Representing Main Contractors in a series of high value adjudications claiming LADs for delay and defending claims for additional interim payments.
• C v M [2010] Acting for specialist piling contractors in an adjudication of a £1 million professional negligence piling dispute.
• Honda v C&R [2010] (TCC) Acting for a leading car manufacturer in a dispute arising out of an explosion of an AHU unit.
• Byard v Laing [2010] Representing contractors on a claim concerning allegations of defective construction on the Centenary Plaza complex in Birmingham.
• S v Insurers [2010] Advising on policy coverage and interpretation in relation to a business interruption clause on a large hydro electric project.
• Blackwell v Gerling [2007] EWCA Civ 1450 [2008 I ALL ER (Comm) 885 Acting on behalf of insurers in a dispute concerning the meaning of fortuity and defects exclusions. This is now the leading case on the meaning of the standard defects exclusion clauses.
• Mirimskaya v Evans [2007]151 SJLB [2007] ALL ER (D) 269 Acting in relation to a £1 million construction dispute with a Russian oligarch, concerning the law on oral contracts and repudiation. The case was commented upon in Building (2007) No.40 p62-63.
• AMEC/Carillion v RSA [2006] (TCC) Acting for the construction joint venture in relation to damage and delay caused in the construction of a new runway at Manchester Airport.

Insurance

David regularly acts and advises on coverage and policy issues, especially in the construction insurance field, including policies of professional indemnity and all risks. He has acted for many of the leading insurers and continues to act in numerous high value and significant insurance disputes on both coverage and subrogated claims.

David acts for insurers and utility suppliers in fire damage disputes, including coverage and avoidance issues and for insurance companies and professionals in professional indemnity disputes, often in construction related areas but also in other areas of professional negligence, especially that of solicitors.

David is recommended as a Leading Junior in Insurance law in both Chambers & Partners and Legal 500.

Recent Work:

• RC v Insurers [2010] A US$150 million international arbitration concerning insurance coverage arising out of Hurricane Ivan in the Gran Caymans.
• Boudreau v British Caymanian [2011] Coverage dispute on failure to disclose pre-existing medical condition following a stroke.
• S v Insurers [2010] Advising on policy coverage and interpretation in relation to a business interruption clause on a large hydro electric project.
• AMEC/Carillion v Atkins [2010] (TCC) Acting for a construction joint venture in relation to a £15 million professional indemnity dispute in the TCC arising out of the construction of a new runway at Manchester Airport. 
• Volkerfitzpatrick v URS [2011] (TCC) A £10 million professional indemnity dispute in the TCC concerning allegations of defective design of the A10.
• AMEC/McAlpine v Mouchel Parkman/Generali [2010] (TCC) An £8 million professional indemnity dispute concerning the design and construction of the A1(M) in Yorkshire, including issues of late policy notification.
• Scan Estates v Security & General [2011] (Bahamas Supreme Court) A £1 million hurricane damage claim, with issues concerning insurance coverage and mould exclusions.
• S/R v Insurers [2010] Two coverage disputes on business interruption claims arising out of nightclub closures.
• A v Insurers [2008] A £15 million arbitration in relation to the construction of the A1(M). The dispute turned upon the meaning of ‘damage’ and the impact of sue and labour clauses within a Construction All Risks Insurance policy.
• A v Insurers [2009] Advising a multinational storage company in relation to a purported avoidance arising from alleged material non-disclosure.
• T v Insurers [2008] Advising and acting on behalf of insurers in a dispute concerning the meaning of fortuity and defects exclusions in a construction all risks policy.
• A v Insurers [2009] Advising on policy avoidance of associated companies in light of 'moral hazard' of director.
• Blackwell v Gerling [2007] EWCA Civ 1450 [2008] I ALL ER (Comm) 885 Acting on behalf of insurers in a dispute concerning the meaning of fortuity and defects exclusions. This is now the leading case on the meaning of the standard defects exclusion clauses.
• AMEC/Carillion v RSA [2006] (TCC) Acting for the construction joint venture in relation to damage and delay caused in the construction of a new runway at Manchester Airport.

Commercial

David has extensive experience of domestic and international commercial disputes in litigation and arbitration and all business related matters, including substantial trade/contractual disputes, professional negligence, civil fraud and Utilities disputes.

David acts for a variety of businesses in relation to the commercial disputes they encounter, from investment bankers to leading UK car dealerships, significant PLCs to cutting edge IT ventures. The disputes typically derive from commercial deals which have gone wrong and, more recently, fallout from the credit crunch.

In addition, David has particular experience in obtaining emergency interim remedies and has a strong track record in obtaining favourable results through mediation.

Trade:

• F v B [2011] Advising an Indian footwear manufacturer in relation to a trade dispute with its UK customer.
• M v H [2010] Advising a software development company in relation to a potential multimillion pound claim for breach of a development agreement.
• L v L [2010] Acting for a fuel distribution company in a substantial dispute concerning the application of a Preferred Supplier Agreement.
• Shore Capital v Trace [2008] Acting for an investment bank in relation to a dispute concerning ostensible authority in relation to financial services provided for an internal share buyout.
• Samouelle v Pendragon [2005] concerning the law on rejection and affirmation.
• Islam v Ali [2003] EWCA Civ 612 [2003] ALL ER (D) 384 concerning the law on costs orders and Part 36 offers (referred to in White Book and Cook on Costs).
• Evans Halshaw Motors Ltd v J&R Mac Ltd [2003] ALL ER (D) 81, EWCA Civ 1164 on approach of Court of Appeal to overturning first instance decisions.

Arbitration:

• P v M [2011] £3 million LMAA Arbitration over the transport of a former chemical plant from France to India.
• S v Insurers [2011] £1 million Caribbean dispute resulting from hurricane damage. Jurisdictional issues as to applicability of arbitration clause.
• R v Insurers [2011] Dispute as to enforcement of Arbitration Decision, involving issues of mistake and rectification.
• RC v Insurers [2010] US$150 million international arbitration concerning re-building works in the aftermath of the damage caused by Hurricane Ivan in Gran Cayman.

Civil Fraud:

• Heritable Bank v Horner [2011] (Mercantile) A 7 party £4.5 million architect and valuer’s fraud and conspiracy dispute
• Red Bull v Clark [2007] (Chancery) A £1 million commercial fraud dispute in the Chancery Division, involving freezing orders and a leading European soft drinks company.
• Compass v C2k [2007] Representing one of the largest UK car dealerships in a very substantial commercial dispute involving various finance companies and allegations of fraud against a supplier.

Professional Negligence:

• Volkerfitzpatrick v URS [2011] (TCC) A £10 million dispute in the TCC concerning allegations of defective design of the A1(M) in Yorkshire.
• Gwelrock v Bailey [2011] (TCC) A £1 million claim against project managers/contract administrators for failing to advise as to best method of procurement and for allowing costs to run out of hand.
• AMEC/Carillion v Atkins [2010] (TCC) Acting for a construction joint venture against the project designers in relation to a £15 million dispute in the TCC arising out of the construction of a new runway at Manchester Airport.
• A v I [2011] Solicitor’s negligence for failing to instruct experts promptly or adequately, leading to an increase in costs and a less advantageous settlement.

Utilities:

• R v E [2011] Acting for a major UK electricity distributor in relation to potential damage to their substation caused by the proposed demolition of a nearby disused power station. 
• Severn Trent v Xplor [2011] (TCC) Defending a claim brought by a water supplier arising out of damage caused to a sewer during earthworks.
• Perse v EDF [2008] (TCC) Acting for an electrical company in relation to a 3 party dispute concerning a fire at a school caused by a failed neutral.