Alexandra Bodnar

Year of call:
2004
Email:
alex.bodnar@39essex.com

Clerks:
+44 (0)20 7832 1111

“Her clarity of thought is astounding. She has an ability to grasp the nettles the first time she gets the papers and her written work is staggering.” “Hard-working and a pleasure to work with. Delivers practical and user-friendly advice”.
Chambers UK 2018 and Chambers Global 2018

“She has exceptional technical ability and never loses sight of commercial considerations”.
Legal 500 2018

Alexandra Bodnar is a leading construction and commercial law specialist. Much of her work involves significant, high-value, complex infrastructure and energy projects. Alex specialises in litigation and international and domestic arbitration. She appears regularly in the Technology & Construction Court and the Commercial Court in England and in front of arbitral tribunals. She has experience of most of the standard form construction contracts, PFI contracts, EPC contracts, commercial supply contracts, bonds and guarantees, coverage and avoidance issues in insurance law, mis-selling and supply of goods issues and jurisdictional issues.

Alex is consistently recommended by Chambers UK, the Legal 500 and Chambers Global.

Construction


Alex represents contractors, employers, professionals, public bodies, insurers, funders and developers in domestic and international construction and engineering matters. She is used to dealing with bespoke and standard form contracts (including JCT, NEC and FIDIC) in litigation and domestic and international arbitration. She is familiar with coverage and avoidance issues arising under CAR and other insurance policies. She has experience of bonds and guarantees, PFI contracts concerning schools, EPC contracts and professional negligence issues. Alex also has experience of subrogated property damage claims arising out of fires, floods and landslip/nuisance. Current and recent examples of her work in this field include:

  • Instructed in two cladding/fire defect cases arising out of the post-Grenfell testing, one of which is a £multi-million claim on behalf of an employer in connection with an amended JCT contract.
  • Appeared in the TCC on behalf of the successful employer, Ziggurat, in its claim against the bondsman under an amended ABI model form of guarantee bond arising out of the construction contractor’s insolvency.
  • Part of the junior counsel team acting in a USD multi-million international arbitration concerning delays and defects at an engineering project in the Caribbean.
  • Acting in multi-party professional negligence proceedings in the TCC concerning allegations against the professional architect and engineer and complex geotechnical engineering issues, arising out of a landslip affecting a coastal property.
  • Advising in a £multi-million claim about the alleged discovery and removal of asbestos.
  • Instructed as lead counsel in a £6m domestic arbitration in a multi-party dispute concerning wide-ranging fire and mechanical & electrical defects at a residential unit.

Regulatory & Disciplinary


Alex acts in professional negligence claims on behalf of and against professionals, often in a construction and engineering context. She has experience of dealing with allegations of negligence against surveyors, designers, architects, engineers and contract administrators, solicitors and financial advisers. She has also been involved in international regulatory proceedings. Current and recent examples of her work in this field include:

  • Acting in multi-party professional negligence proceedings in the TCC concerning allegations against the professional architect and engineer, arising out of a serious landslip affecting a coastal property.
  • Advising an employer in a £multi-million claim concerning post-Grenfell cladding/fire defect issues, against the design and build contractor.
  • Part of the junior counsel team acting in a USD multi-million international arbitration concerning a high-profile engineering project and allegations against the EPC contractor.
  • Represented home owners in this tri-partite TCC claim concerning significant defects at a luxury new-build property, against the alleged negligent architect and contractors.
  • Advised and acted for an employer in relation to £multi-million claims (including in adjudication) between the employer and the alleged negligent management contractor in connection with delays at a warehouse facility.

Commercial


Alex advises and appears in cases involving international and domestic supply and transportation contracts, facilities management contracts, share sale agreements, mis-selling and damage to goods and fraud, as well as bonds and guarantees. She has experience of jurisdictional issues and injunctions. Current and recent examples of Alex’s work in this field include:

  • Represented the successful employer, Ziggurat, in its TCC claim against the bondsman under an amended ABI model form of guarantee bond arising out of the construction contractor’s insolvency.
  • Advising a dairy farmer in a claim arising out of the alleged wrongful termination of a milk distribution agreement and its catastrophic consequences.
  • Junior counsel in relation to various £high-value disputes arising out of a PFI suite of contracts for schools, including interpretation of the facilities management agreement and the contractual payment mechanism.
  • Represented a supplier in a £3m Commercial Court claim concerning a share sale agreement arising out of the provision of technology services.
  • Junior counsel in Hackney Empire v Aviva at first instance and in the Court of Appeal, in relation to a £1m claim concerning the interpretation of a bond.
  • Successfully discharged an injunction in the Commercial Court on behalf of Bangladeshi clients.

Alternative Dispute Resolution


Alex appears and advises in arbitrations, domestic construction adjudications (statutory and non-statutory) and mediations. She has also been involved in ad-hoc and bespoke contractual binding and non-binding dispute resolution processes.

Energy


Much of Alex’s work involves the energy sector. She has acted in cases involving significant, high-value, complex engineering projects in the Middle East, South America and the Caribbean. Her international energy experience encompasses oil and liquified natural gas plants, water desalination plants and ultra-low sulphur diesel units. She also acts in cases involving underground power cables. Her domestic energy work has involved a gas storage facility, a nuclear project and contracts relating to wind turbines. Alex’s current and recent experience includes:

  • Part of the junior counsel team acting in a USD multi-million international arbitration concerning delays and defects at an engineering project in the Caribbean.
  • Part of the junior counsel team acting on behalf of a sub-contractor in a USD multi-million international arbitration concerning a range of claims for payment in connection with works at a liquified natural gas plant.
  • Advising a utilities provider in £multi-million Commercial Court proceedings about an alleged failure to deliver energy saving measures in the UK.
  • Advising a government institution in relation to £multi-million proceedings relating to defects, including significant fire defects, at a nuclear plant.

Please see the Construction section of Alex’s CV for more details.

Infrastructure


Alex’s work often covers domestic and international infrastructure projects. Domestically, she has been involved in cases concerning stadia, bridges, the London underground, the London Olympics, motorways and schools, as well as a nuclear facility. This includes extensive experience of PFI and related contracts. Her international work covers underground power cables and various engineering plants of international importance. Alex’s current and recent experience includes:

  • Acting on behalf of a crane hire company in TCC proceedings arising out of the erection of bridges on the M6 motorway in the UK.
  • Part of the junior counsel team acting in a USD multi-million international arbitration concerning delays and defects at an engineering project in the Caribbean.
  • Advising and acting on behalf of a local authority in £6m TCC proceedings and various adjudications about alleged defects and delays and the provision of utilities at schools, under PFI contracts.
  • Acting on behalf of a UK government body concerning defects, including extensive fire defects, at a nuclear facility.

Please see the Construction and Energy sections of Alex’s CV for more details.

Insurance


Alex appears and advises in matters of coverage and avoidance (including fraud, exclusions, notification, non-disclosure and misrepresentation) under various types of insurance policy, including CAR, PI, property damage, building defects, public liability, as well as business and D&O policies. Alex has particular experience of bonds and guarantees in a construction context. In addition, much of her work involves subrogated claims. Her current and recent experience includes:

  • Represented the successful employer, Ziggurat, in its TCC claim against the bondsman under an amended ABI model form of guarantee bond arising out of the construction contractor’s insolvency.
  • Advising an employer on coverage issues under a PI policy arising out of the insolvency of a contractor, possible policy exclusions and right to obtain information.
  • Advising a policy holder on coverage issues under a business policy and rights to funding in respect of legal proceedings.
  • Successfully obtained summary judgment in the TCC on behalf of insurers upon an indemnity, consequential on a guarantee claim.
  • Junior counsel on behalf of insurers in Hackney Empire v Aviva at first instance and in the Court of Appeal, in relation to a £1m claim concerning the interpretation of a bond.

Recommendations


Alex is recommended by Chambers & Partners, the Legal 500 and Chambers Global for construction.

Quotes

Her clarity of thought is astounding. She has an ability to grasp the nettles the first time she gets the papers and her written work is staggering.” “Hard-working and a pleasure to work with. Delivers practical and user-friendly advice” Chambers UK 2018 and Chambers Global 2018

“She has exceptional technical ability and never loses sight of commercial considerations” Legal 500 2018

Historic quotes include: “She has a good grasp of technical detail and offers great support throughout a case” “She has a great work ethic” “She does not sit on the fence and quickly gets on top of the issues” “Bright and dedicated, she’s a first-rate talented junior” “She has a very approachable manner and a confident style” “An unequivocal, decisive junior who quickly gets on top of the issues”  “She is commercial, precise, with attention to detail, very practical” “Her client care skills and knowledge of the law are fantastic“Excellent, smart and gets to the nub of things really quickly”.

Related Cases


Commercial

Ziggurat (Claremont Place) LLP v HCC International Insurance Company Plc [2017] EWHC 3286 (TCC)

Hackney Empire Ltd v Aviva Insurance Ltd (on interest) [2013] EWHC 2212 (TCC)

Aviva Insurance Ltd v Hackney Empire Ltd (on appeal) [2012] EWCA Civ 1716

Hackney Empire Ltd v Aviva Insurance Ltd (first instance) [2011] EWHC 2378 (TCC)

Chesterton Global Ltd v Finney [2010] (Lawtel ref: AC0124712)

Construction

AECOM Design Build Limited v Staptina Engineering Services Limited [2017] EWHC 723 (TCC)

CSG (Stratford) Ltd and others v ASB Contractors Ltd and others [2013] EWHC 2868 (TCC)

Squibb Group Limited v Vertase FLI Limited [2012] EWHC 1958 (TCC); [2012] EWHC 3194 (TCC)

Vertase FLI Limited v Squibb Group Limited [2012] EWHC 3194 (TCC)

Berry Piling Systems Ltd v Sheer Projects Ltd [2012] EWHC 241 (TCC)

NAP Anglia Ltd v Sun-Land Development Ltd [2011] EWHC 2846 (TCC)

Cundall Johnson & Partners LLP v Whipps Cross University Hospital NHS Trust [2007] EWHC 2178; [2007] BLR 520

Call +44 (0)20 7832 1111 for more information

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