Louis Zvesper

Areas of expertise

• Construction & engineering
  • Adjudication

    Adjudication

    Louis frequently acts in adjudications, acting for both referring and responding parties in a wide variety of cases, including disputes over interim payments, final accounts, defects claims, delay and disruption claims, and allegations of professional negligence.

    Louis also regularly appears in the High Court on adjudication enforcements, and has experience dealing with arguments relating to jurisdictional and natural justice challenges, stays and set off.  For example, he acted for the Claimant in MI Electrical v Elements [2018] EWHC 1472 (TCC), a case considering the circumstances in which it was possible to set-off against an adjudicator’s decision.

  • Construction & engineering

    Construction & engineering

    As a construction specialist Louis has experience of a wide range of construction disputes, acting for both claimants and defendants, employers, contractors and professionals, on everything from relatively modest residential matters to multi-billion pound international arbitrations. He is ranked as a “rising star” by Legal 500 in construction.

    Louis’ experience includes acting and advising from an early pre-action stage all the way through to trial, as well as in mediation and other forms of ADR – and includes claims concerning professional liability, contractual disputes, negligence, nuisance, and other tortious liabilities and equitable remedies.

    Louis is regularly instructed in construction adjudications, and adjudication enforcements in the High Court.

    Louis also has significant experience advising on complex Construction All Risks and construction professional indemnity insurance coverage issues.

    Louis’ recent instructions in this area include:

    • Instructions from Beale and Co. to act as junior counsel on a £6 million claim in the TCC concerning structural engineer’s negligence and damage to a substantial property on Muswell Hill. Louis is being led by Michael Wheater.
    • Instructions from Kennedys to act as junior counsel on a £9 million pound arbitration concerning structural engineer’s negligence and significant structural damage to a care home. Louis was led by Michael Wheater.
    • Instructions from Furley Page to act as sole counsel in relation to a £500,000 claim under the Third Party (Rights Against Insurers) Act 2010 for failure by surveyors to identify asbestos containing materials in a series of pre-demolition/refurbishment surveys.
    • Instructions from Collyer Bristow to act as sole counsel in relation to a £1 million claim for insured losses under a Construction All Risks policy, and for uninsured losses against a contractor, in connection with a development of luxury apartments in London.
  • Property damage

    Property damage

    Louis has experience acting for clients in relation to property damage, including cases concerning the Party Wall Act 1996. Louis’ recent instructions in this area include instructions to act as junior counsel (led by Michael Wheater) in relation to a claim by a restaurant against the National trust for fire damage and consequential loss.

  • Construction arbitration

    Construction arbitration

    Louis has experience acting in construction arbitrations under a number of different model rules, including CIMAR and ARIAS.

    Louis’ recent instructions in this area include:

    • Instructions from Kennedys to act as junior counsel on a £9 million pound ARIAS arbitration concerning structural engineer’s negligence and significant structural damage to a care home. Louis was led by Michael Wheater.
    • Instructions from Herbert Smith Freehills to act as junior counsel in a multimillion-pound ARIAS arbitration concerning the meaning of professional services in an insurance policy within the context of marine piling. Louis was led by Nigel Jones QC, Chambers Bar Awards Commercial Litigation Silk of the Year for 2022.
    • Instructions to act as sole counsel in relation to £3 million CIMAR arbitration concerning a final account dispute relating to a residential development.
    • Instructions to act as sole counsel in a £600,000 CIMAR arbitration concerning a final account dispute relating to the construction of a retail development.
  • Professional liability construction professionals

    Professional liability construction professionals

    Louis is regularly instructed in cases concerning the liability of construction professionals, acting both for and against professionals such as architects, structural engineers, project managers etc. He is ranked as a “rising star” by Legal 500 in professional negligence.

    Louis’ recent instructions in this area include:

    • Instructions from Beale and Co. to act as junior counsel on a £6 million claim in the TCC concerning structural engineer’s negligence and damage to a substantial property on Muswell Hill. Louis is being led by Michael Wheater.
    • Instructions from Kennedys to act as junior counsel on a £9 million pound arbitration concerning structural engineer’s negligence and significant structural damage to a care home. Louis was led by Michael Wheater.
    • Instructions from Furley Page to act as sole counsel in relation to a £500,000 claim under the Third Party (Rights Against Insurers) Act 2010 for failure by surveyors to identify asbestos containing materials in a series of pre-demolition/refurbishment surveys.
  • Construction insurance

    Construction insurance

    Louis has experience acting in relation to complex Construction All Risks insurance policies, including on the meaning of damage and defects, fortuity, notification, co-insurance, and the construction of a range of bespoke, standard and amended exclusion clauses, such as the DE and LEG clauses.

    Louis’ recent instructions in this area include:

    • Instructions from Collyer Bristow to act as sole counsel in relation to a £1 million claim for insured losses under a Construction All Risks policy, and for uninsured losses against a contractor, in connection with a development of luxury apartments in London.
    • Instructions in relation to a multi-million pound arbitration with Paul Reed QC in Peru concerning, among other things, the application of the LEG3 exclusion where the shaft of a hydroelectric plant had cracked.

    Louis is a contributor to Construction All Risks Insurance 3^rd edition (Sweet & Maxwell).

• Insurance
  • Professional indemnity insurance

    Professional indemnity insurance

    Louis has experience acting in relation to professional indemnity insurance coverage issues.

    Louis’ recent instructions in this area include:

    • Instructions from Herbert Smith Freehills to act as junior counsel in a multimillion-pound ARIAS arbitration concerning the meaning of professional services in an insurance policy within the context of marine piling. Louis was led by Nigel Jones QC, Chambers Bar Awards Commercial Litigation Silk of the Year for 2022.

    Louis is a contributor to Construction Professional Indemnity Insurance (Sweet & Maxwell).

  • Insurance coverage

    Insurance coverage

    Louis has experience acting in relation to complex insurance coverage matters – in particular business interruption, professional indemnity, and Construction All Risks insurance – involving such issues as fortuity, damage, defects, professional services, aggregation, AICW, government support and furlough, and the effects of COVID-19.

    Louis’ recent instructions in this area include:

    • Instructions from Fenchurch Law to act as junior counsel for Stonegate Pub Company Ltd in Stonegate v MS Amlin & Ors. Louis is being led by Ben Lynch QC, Adam Kramer QC, and David Pleiner. The case is listed as one of The Lawyer magazine’s top 20 cases of 2022. The case concerns a claim for £845 million of business interruption losses due to COVID-19, and is a market leading case addressing issues arising from COVID-19 in relation to aggregation, post-policy period causation, treatment of furlough and government support, and AICW.
    • Instructions from Fenchurch Law to act as sole counsel in relation to a £1 million claim brought by a chain of eat in/takeaway restaurants for business interruption due to non-damage denial of access arising from COVID-19 restrictions.
    • Instructions from Herbert Smith Freehills to act as junior counsel in a multimillion-pound ARIAS arbitration concerning the meaning of professional services in an insurance policy within the context of marine piling. Louis was led by Nigel Jones QC, Chambers Bar Awards Commercial Litigation Silk of the Year for 2022.
    • Instructions from Collyer Bristow to act as sole counsel in relation to a £1 million claim for insured losses under a Construction All Risks policy, and for uninsured losses against a contractor, in connection with a development of luxury apartments in London.
• Commercial dispute resolution

  Commercial dispute resolution

  Louis is regularly instructed as sole and junior counsel to act in relation to complex high value commercial disputes, whether pre-action, in litigation, arbitration, or ADR. These include insurance coverage and construction disputes, for which see details under relevant headings.

  Louis’ recent instructions in this area include:

  • Instructions from Birketts to act as sole counsel in relation to an £800,000 claim for damage to plant and economic loss resulting from defective components in a steam screw generator supplied by a genset manufactuer.
  • Instructions to act as sole counsel in relation to an £800,000 claim in relation to the design, testing, and manufacture of defective fire doors.
  • Instructions from Fenchurch Law to act as junior counsel for Stonegate Pub Company Ltd in Stonegate v MS Amlin & Ors. Louis is being led by Ben Lynch QC, Adam Kramer QC, and David Pleiner. The case is listed as one of The Lawyer magazine’s top 20 cases of 2022. The case concerns a claim for £845 million of business interruption losses due to COVID-19, and is a market leading case addressing issues arising from COVID-19 in relation to aggregation, post-policy period causation, treatment of furlough and government support, and AICW.