Michael Chen

Michael Chen is a Senior Associate in our Insurance & Health team and is based in the Sydney office.

Michael's areas of specialty includes:

• Professional Indemnity (Building and Construction)
• D&O
• Management Liability
• Property Damage
• Intellectual Property matters

Michael has advised and acted for both domestic and overseas insurers in relation to high value construction claims, property damage claims, complex professional indemnity disputes and intellectual property matters. In doing so, Michael has represented a broad range of professional clients, including consultants and contractors in the construction industry, as well conveyancers and real-estate agents.

Before becoming a lawyer, Michael worked in the construction industry on several large-scale commercial and residential developments, which has equipped him with an intimate understanding of the technical aspects of construction related claims. This knowledge has been imperative to Michael’s ability to quickly recognise the real issues in dispute and drive matters towards an early and efficient resolution for his clients.

By adopting a pragmatic and commercial approach to his work, Michael has successfully guided insureds through both litigated claims and disciplinary investigations brought in all NSW jurisdictions, as well as a number of interstate and federal jurisdictions.

Some litigated matters in which Michael has defended insured professionals include:

• acting for a structural engineer in respect of proceedings commenced in the NSW Supreme Court by neighbouring landowners following alleged subsidence in their land which occurred during construction;
• acting for a fire engineer in several proceedings commenced in the NSW Supreme Court in respect of combustible cladding installed on high value developments;
• acting for a structural engineer in respect of proceedings commenced in the NSW Supreme Court arising from alleged defects in the design of a concrete slab;
• acting for a buyers agent in respect of proceedings commenced in the NSW Supreme Court arising from alleged negligent advice relating to the purchase of a property;
• acting for a beverage supplier in both the Federal Court and Court of Appeal arising from alleged infringement of various patents;
• acting for a sporting association in respect of Federal Court proceedings arising from alleged trademark and copyright infringement; and
• acting for a large NSW building contractor in respect of a SafeWork prosecution brought against the builder following a fall from heights incident.

Michael is also frequently instructed to advise insurers on complex indemnity issues. Some matters which Michael has advised on include:

• assisting an insurer in respect of claim for mitigation costs arising from alleged defective works during construction of a train serving facility;
• assisting an insurer in advising on matters of dual insurance in respect of a high value property damage claim;
• assisting an insurer in respect to a claim for mitigation costs arising from alleged defects found in the design of buses; and
• acting as coverage counsel in respect of late notification of a claim arising from alleged defective works during construction of a development.

Michael holds both a Bachelor of Resource Economics (Majoring in Economics and Resource Economics) and Juris Doctor from the University of Sydney. He is a member of Young Insurance Professionals (YIPs), Australian Professional Indemnity Group (APIG) and Australian Insurance Law Associate (AILA). In addition, Michael was recognised in the 2024 Best Lawyers: Ones to Watch for his work in Insurance Law.