Area of law
Property Damage Liability
HBA’s experience includes both large loss and small property damage claims.
Insurers, self-insureds and corporations have come to rely on HBA for defence and resolution of complex property damage liability claims across Australia. Our practice focuses on technically demanding matters involving disputed liability, multi-party exposure, and significant quantum.
We have extensive experience acting in large loss property damage claims arising from construction and infrastructure projects, utilities and services, industrial and commercial operations, and retail and hospitality environments.
HBA regularly works with engineers, forensic consultants, quantity surveyors, and loss adjusters to assess scope of damage, remedial methodologies, and reasonable costs of reinstatement.
When an incident occurs for our clients or insureds, causing equipment and property damage, we act quickly to preserve an insured’s assets and pursue its rights of recovery in a timely way.
We assist with investigating claims and pursuing indemnity and contract claims against third parties for monetary loss caused by equipment damage, business loss and interruption to site.
Claims large and small
For small scale matters, we pursue quick informal negotiations and obtain settlement from third parties, or third-party insurers, as appropriate, and have excellent relationships with lawyers in the industry to facilitate collegiate negotiations without the need for litigation.
In most cases, we can avoid any proceedings ever being issued which helps to achieve a quick and reasonable outcome for our clients. We are regularly involved with property damage claims including motor vehicle accidents, petrol station claims and car parks. HBA is known for providing quick and effective resolution of smaller matters.
We also act for many large publicly listed companies and self-insurers to pursue third parties in damages claims, relating to loss of use and damage to equipment and property. We are well versed in double (and triple) insurance issues for large scale claims.
These claims typically relate to multi-million-dollar gas pipelines, haul trucks, motor vehicles, houses incorrectly demolished, site fires, scaffolding collapses, formwork collapses, plant collisions and rollovers, crane failures as wells of objects falling from heights, theft and intentional destruction of works.
“I have worked closely with HBA Legal for over 3.5 years in my capacity as a Claims Consultant. HBA Legal consistently delivers commercially focussed legal service and advice. Their lawyers are approachable and supportive, explain complex legal issues and procedures in plain English, assisting me to manage and resolve claims with confidence and clarity. HBA Legal can be trusted to get the job done with a high level of skill and care and I would always recommend them to others.”
Claims Consultant
Australian Insurer
Examples of relevant matters HBA has been involved with ...
- Advised a building manager in relation to its liability arising from a flooding event within a high-rise office building in Western Australia. There was significant water damage over several floors of the building, causing millions of dollars’ worth of damage.
- Acted for a strata manager in civil proceedings relating to defects in common property, including inadequate waterproofing, water penetration and corrosion.
- Acted in defence of a recovery claim against the manager of a large convention centre in Victoria, where it is alleged that the floor of the convention centre was significantly damaged due to negligent advice of the manager with respect to draining water, following an international ice hockey game. Due to fault of other parties, HBA was able to negotiate a significantly reduced recovery and discourage litigation, thus saving the insurer significant costs in defending litigated proceedings, as well as avoiding any claim for interest.
- Acted for a strata manager in relation to a property damage and loss of profits claim, arising from a fire which occurred in the commercially leased premises. The fire caused multiple complex losses including loss of profits. The plaintiff alleged that previously reported roof leaks caused the fire, and that the roof leaks had been repeatedly reported to the strata manager. There was some liability exposure, but HBA defended the claim on the basis that the other defendants were more liable for failing to promptly repair the roof.
- Acted in various large mining incidents such as high wall collapse and roof support failure, including the corresponding breach of contract and property damage claims.
- Acted for a large retail venue in pursuit of a recovery claim against a driver’s insurance, after the driver drove her car into a building. This caused full electrical loss over a weekend of trading, including property damage and business interruption claims.
