Alun Tobias

Partner

Email
alun.tobias@hughjames.com
Department telephone
029 2039 1140
Connect via LinkedIn

Alun heads up the Subrogated Recovery Team within Hugh James and advises both insurers and large corporates on high value / complex subrogated recovery claims across the spectrum of perils, including high value / complex impact, escape of water, flood, fire, landslip and subsidence.

In addition, Alun advises on coverage issues for insurers and insureds.

Alun also advises on both contentious and non-contentious construction matters. He has prepared and negotiated contractual documentation on a wide variety of projects and advises on building contracts, parent company guarantees, performance bonds, appointments, collateral warranties, PFI, PPP, and associated documentation.

Alun also acts for his clients in contentious disputes ranging from small claims to multi million pound disputes. He has vast experience of pursuing and defending professional negligence claims and is a key advocate of quicker and cheaper methods of dispute resolution including mediation, adjudication and expert determination.

As well as acting for construction professionals such as architects, engineers and quantity surveyors, Alun also advises contractors, sub-contractors, developers and public authorities.

Expertise

  • Subrogated recoveries
  • Construction
  • Professional indemnity

Memberships

Experience

  • Advising a number of insurers on high value/complex subrogated recovery claims across the spectrum of perils, including high value/complex impact, escape of water, landslip, flood, fire and subsidence.
  • Advising on a fire claim resulting from hot works where quantum exceeds £1 million.
  • Advising on the total loss of a building due to construction activities on a nearby construction site – quantum exceeds £1 million.
  • Advising on complex policy coverage issues.
  • Advised insurers in defending a £2.5 million claim brought by the owners of a food processing and packaging factory. Issues included breach of building regulations, delay, loading calculation errors and health and safety.
  • Advised insurers on a £1 million claim by a PFI contractor for Pseudomonas found in water system caused by incorrect water temperature. Settled for less than £100,000.
  • Defended a £500,000 claim on behalf of insurers involving stones in five football pitches which had to be relaid. Liability hinged on whether problems were caused by workmanship or negligent design.
  • Defended a £450,000 claim for water ingress caused by defective tanking. Successfully contended that the project architect should bear losses.
  • Acting for insurers in defending a design and build contractor in a £300,000 claim following the collapse of a listed medieval barn.
  • Successfully defended a £200,000 claim that ballasts and capacitors for tennis court lighting should have been included in the original contract sum.
  • Acting for insurers in a £200,000 claim by a university for flood damage.
  • Acting for insurers in defending a £100,000 claim by a conference centre in relation to damage caused by penetrating damp.
  • Advising a utilities company on a claim for catastrophic damage to its water main
  • Advising a contractor on the building of a superstore above a railway tunnel which had previously collapsed. This involved complex insurance issues.

Languages

  • Welsh

Alun Tobias has a practice spanning contentious and non-contentious construction matters. He frequently acts on heavyweight projects across the region for clients ranging from local authorities to contractors.

Chambers 2017

 

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