WES ROSE

SENIOR ASSOCIATE

Email wrose@leeandlyons.com.au
Admission Date 5 December 2008

Professional experience

Wes joined Lee & Lyons in 2010 after spending several years at one of Australia's largest firms where he specialised in providing coverage and liability advice to local and international insurers in relation to building & construction, engineering and infrastructure claims.

Prior to commencing his legal career Wes worked in the building and construction industry as a Site Manger for a medium sized formwork design and installation contractor. Consequently, he possesses a unique capacity to quickly understand and appreciate the significance of the often complex technical issues which arise in construction and engineering claims. Wes' clients regularly enjoy the benefits of his practical industry experience in the form of more efficient and cost effective claims resolution.

Wes' areas of expertise include contract works, construction risks and professional indemnity specialising in building & construction, engineering, certification, project management, transport and infrastructure claims. Wes also has extensive experience in negligence and misleading and deceptive conduct claims against other professionals including real estate agents, architects and solicitors.

Wes provides advice to London and other international underwriters, large local insurers and their insured corporations in both contentious and non-contentious matters concerning policy coverage, liability and recovery. Accordingly, Wes has acted for some of Australia's largest consulting engineering firms, surveyors, Principal Certifying Authorities and design and construction contractors in medium to large scale litigious claims involving major pieces of public and privately owned infrastructure. Wes is also experienced in insurance disputes arising from smaller residential and commercial developments.

Professional Indemnity

  • Advising the Lloyds-based underwriters of an international D&O contractor retained to design and construct a wharf and port development for a state owed corporation. Wes conducted the extensive indemnity investigations and prepared the advices which involved considering the detailed and highly technical expert opinions relating to the cause of the loss claimed. Following confirmation of indemnity Wes worked closely with the team of experts engaged to advise underwriters in relation to the contractor's liability and the quantum of the claim. The claim involved the following issues of interest:
    • Aggregation of claims.
    • Betterment.
    • Coverage for mitigation costs.
    • Non-disclosure and notification of circumstances.
    • Complex technical issues and evidence in respect of failure.
       
  • Advising a local insurer of an architect who was appointed to act as the superintendant's representative under a construction contract for the construction of 102 residential units and 50 commercial lots. The claim, which was made by a Home Warranty Insurer acting pursuant to a right of subrogation, involved allegations of misleading and deceptive conduct, negligence and negligent misstatement against the insured. The quantum was in excess of $5.5 million.
     
  • Wes provided advices on coverage, liability and quantum, selected and briefed the necessary experts and ultimately obtained a verdict in the insured's favour.
  • Wes has also been involved in other Professional Indemnity matters of interest including the following subject matter:
    • Defective highway pavements;
    • Tunnel collapses;
    • Failed concrete slabs;
    • Defective steelwork design;
    • Defective piling design and construction;
    • Defective sound attenuators; and
    • Defectively designed and constructed rail cars

Contract Works

  • Acting for a London based insurer in relation to a coverage dispute under a contract works policy following the flooding of a building site. The matter focussed on the operation of the defective workmanship exclusion which excluded any loss arising from the defective construction of the pile wall bordering the site which should have prevented the flooding that occurred. Defence of the insurer's position on coverage required extensive review of the contractor's construction records and obtaining expert opinion on the cause of the pile wall's failure.

Professional Memberships

  • Law Society of NSW
  • Australian Insurance Law Association