PROPERTY DEVELOPMENT

SOLUTIONS

EUROPEAN SITES

Where risks related to interpretation of the Civil Code and jurisprudence are identified, our policy forms can be issued under local law and jurisdiction and help manage balance-sheet liabilities, ease cash flow and reduce reliance on bank guarantees.

 
CLS’s panel of carriers enables us to insure sums of up to GBP 270 million of AA- and A rated paper. Additional capacity is drawn upon for larger cases.
See ERGO, AEGIS and AMTRUST for their current financial standing.
Change creates risk and property law is rarely black and white - whether delivering a new housing estate, regenerating a city centre or creating a landmark, we are specialists in creating Legal Indemnities and Contingency Solutions to help uncertainty created by the interpretation of Civil Code property law and property contracts.
“Property Contingency Indemnity Policies” are our unique hybrid of legal indemnity and pure contingency insurance products. Policy coverage is very different from that given in the USA. In the UK and Europe, our insurance product identifies and addresses specific and defined issues (normally identified by the lawyers involved in the property transaction) rather than having a policy with broad-brush terms. CLS will separately and independently research the issues in order to satisfy themselves as to the extent of insurability prior to offering coverage as well as instructing external legal opinions where it is appropriate. Each policy is bespoke, reflecting a high level of due diligence performed by CLS.
Heads of loss include legal costs to defend and settle a challenge by a third party, costs and damages awarded against an insured, settlement costs, loss in market value or loss to the funder and various delay costs and exposures to incoming tenants in the event a practical completion is delayed or unachievable.
We strive to:
  • simplify routine matters by requesting only an outline of your development proposals and identification of the target site(s) in the first instance;
  • undertake our own due diligence exercise and provide a report confirming our findings (prepared exclusively for the purposes of determining insurability by CLS and its carriers);
  • encourage clients to discuss matters and set out their risk in context;
  • confirm cover on clear policy forms subject to confirmation of a limited number of “Statements of Fact” with indicative premiums for routine risks;
  • engage with developers and their professional team to design insurance coverage which is implemented prior to a planning application to ensure protection is in place before development intentions enter the public domain for more complex risks such as right of light;
  • crystalising costs for cover assists in budgeting in the event the acquisition proceeds.
Using CLS’s panel of insurers, we are able to insure in the UK & Europe. We focus on England and Wales, France, Germany and Benelux currently.
CASE CONTEXT
Land for a solar farm was transferred into the private ownership of a JV with a local authority but there was a risk that public tender procedures had been breached. The position could be lawfully regularised by the purchase and transfer into public ownership of replacement land of equivalent size and nature but timing required the lending facility to be completed before the corrective steps could be completed. By reference to local advice, we provided an insured solution that allowed the operator to place insurance protecting the funder.
SOLUTION
We bridged the gap between the transaction deadline and formal rectification of a procedural flaw in order to preserve funding arrangements for a project.
CASE CONTEXT
A prominent developer won a concession contract from a French Local Authority to build a significant mixed private and public development. The decision was the subject of an unsuccessful challenge by a competing developer in the lower Court - an appeal was threatened. Using legal opinions to evaluate the litigation risks associated with the threatened appeal we provided an insurance solution that enabled the developer to provide a contractual guarantee to private buyers in reliance on various potential liabilities owed to it from the Local Authority to their Notary's satisfaction without putting the developer's balance sheet at risk.
SOLUTION
We created an insurance solution blending the structure of an English Legal Indemnity with Civil Code practices to ring fence costs and ensure a major housing project could proceed despite vexatious litigation against the Local Authority in relation to an alleged breach of public procurement rules.