Case Study

Personal injury claims, claims from other Defendants and recovery actions in the building and construction industry

by Matthew Gerathy
19 November 2015
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Client: Boral Limited group of companies

Issue:

Our client's objective is to protect its corporate name and reputation, contain its exposure and to always keep the costs to a minimum.

Our role:

For over 8 years Matthew Gerathy has acted for Boral and its various building and construction subsidiaries in a range of public liability personal injury claims for damages, claims for indemnity and contribution from other Defendants, and recovery actions by workers' compensation insurers.

Those instructions require us to:

  • thoroughly investigate the facts and circumstances leading up to and resulting in often significant personal injuries to workers on large and dynamic building sites;
  • understand the rights, interests and liabilities arising under various head and sub-contract agreements on building sites;
  • advise on liability, quantum and where appropriate, early dispute resolution;
  • defend Plaintiff personal injury claims for damages; and
  • transfer exposure to third parties in tort and contract.

Instructions are taken directly from Boral's in-house legal team. Our work involves:

  • conducting and leading all investigations on liability and quantum;
  • meticulous preparation of the evidence relevant to determining primary liability, ability to transfer exposure to other Defendants in tort and contract and as to quantum;
  • advice on the evidence, liability, exposure; and
  • sound strategy on the best course to adopt for early dispute resolution where appropriate and defences generally.

At all times we look for opportunities for alternative dispute resolution, which is conducted by Matthew Gerathy.

Solution:

In the 8 years Matthew Gerathy has been acting for the Boral group of companies he has had an extremely high record of success. This has resulted in multiple successful defences of allegations of negligence and breach of contract and the transfer of exposure to, or indemnity from, other defendants.