Karen Spencer

Partner

Manchester

contact details

• e: Karen Spencer
• dt: +44 (0) 161 836 7888
• df: +44 (0) 0161 836 7701
• m: +44 (0) 7850 862 282

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expertise

Karen is a partner in the construction department. Karen is a nationally recognised expert in surety law, specialising in disputes in relation to performance bonds, indemnities and guarantees issued in connection with construction projects. 

experience

Karen advises on construction disputes, commercial disputes, warranty claims arising out of the sale and purchase of businesses and professional negligence actions. She also has particular expertise in advising on disputes arising in relation to nuclear decommissioning projects.

She has dealt with a number of reported cases, including the leading case on performance bonds. Karen is a co-author of PLC Manual on ‘Bonds, Guarantees and Standby Credits’.

successes

Advised contractor in connection with adjudication under NEC2 Form of Contract concerning claim for compensation event under clause 60 following discovery of unexpected physical conditions encountered on site.

Acted for surety company in case involving expert determination under a performance bond with a value in excess of £100 million. Successfully resolved by litigation to determine a preliminary point of law followed by negotiated settlement.

Advised nuclear contractor in relation to claim for damages following unlawful termination of contract by the employer.

Complex multi-party dispute in the Technology and Construction Court concerning claims for damages for professional negligence in a scheme for remediation of contaminated land.

Advised energy company in connection with claim for damages for breach of warranty following the corporate acquisition of the shares and assets of a trading division from a major energy Plc. Successfully resolved by High Court litigation in the Commercial Court, obtaining substantial interim payment, followed by successful negotiated settlement.

Recovered sums from indemnitor pursuant to a General Agreement of Indemnity.  Successful recovery of claim plus interest and costs following summary judgment application.

Advised successful surety in appeal to House of Lords in connection with claim under performance bond in Trafalgar House Regions -v- General Surety & Guarantee Co Limited. Landmark ruling.