People

Nicola Gardner

Partner
Insurance Law & Litigation
  • +61 7 3456 5124

Since 2009, Nicola has provided expert advice to Australian and international insurance clients in the specialist area of construction and engineering and casualty claims. She also provides high level advice to underwriters on the interpretation of policy provisions, dual insurance matters, the applicability of policy exclusions and other complex coverage issues.

Experience

Nicola's focus is on professional indemnity, contract works and engineering polices. She also defends personal injury, product and property liability claims.

Nicola advises on complex policy coverage and dual insurance issues, contractual indemnity, liability and quantum. She frequently represents clients in alternative dispute resolution processes, such as mediations and settlement conferences.

She is pro-active, realistic and keeps all stakeholders informed on developments, as well as any opportunities for resolution of matters.

Career Highlights

Nicola's experience includes:

  • advising an insurer in a $10m+ claim for defective workmanship, including consideration of whether ‘property damage’ had occurred
  • defending a multi-million dollar claim against an engineer for allegations of negligent supervision of building works
  • defending multiple third-party claims and high value mitigation expense claims arising out of failed retaining systems
  • defending a negligence claim before the Queensland Civil and Administrative Tribunal, for alleged failure by the engineer to conduct and account for suitable geotechnical investigations prior to home construction
  • advising property insurer on the prospects of recovery for extensive flood damage to multiple premises under construction due to the Council’s failure to increase the minimum habitable floor levels
  • successfully resolving hundreds of public liability files including, defence of catastrophic injury claims; claims by labour hire workers and subcontractors; slip, trip and fall claims; occupiers’ liability claims; stair claims; design and structural defects; falls from height; contractual claims; and nuisance claims
  • resolving a $12m+ product liability claim for defective plumbing components installed in development sites Australia-wide, for a fraction of the claim value.

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