Karen Spencer

Expertise

Karen is a nationally recognised expert in surety law, specialising in advising on bond wordings and disputes in relation to performance bonds, indemnities and guarantees issued for construction projects.

She has worked internationally in co-operation with clients and lawyers overseas in relation to large bonded contracts, notably shipbuilding, factories and power plants.

Karen has advised on a number of reported cases, including the leading case on performance bonds. She is a co-author of Practical Law on ‘Bonds, Guarantees and Standby Credits’.

Karen served as a Deputy District Judge for over 10 years, giving her a valuable and unique insight into how cases are viewed by the ultimate decision-maker, insight which she now brings to the table when advising her clients.

How do you help clients?

I help clients by providing clear advice and resolving disputes in a timely and cost effective manner.

I contribute to keeping clients up to date with new developments in surety law by ensuring they are aware of new cases and laws which impact on their businesses.

Experience 

1. Advising a leading surety syndicate in respect of a £400m pension bond syndication deal, drafting a bespoke new bond for this purpose.
2. Drafting expert determination provisions to be included in performance bond wordings.
3. Negotiating and advising on the wording of performance bonds; including advising on bespoke and unusual wordings.
4. Advising in relation to a claim on performance bond following the insolvency of the contractor where liability was not in issue but quantum was. Successfully resolved at a without prejudice meeting.
5. Advising a contractor on a claim for Compensation Event arising under NEC3 form of contract based on ground 12 – physical ground conditions. A successful result achieved in favour of contractor at adjudication.