The Case

Construction Dispute Experts have successfully dispensed with a claim made against our main contractor client amounting to over £1,000,000. We represented our client as the Referring Party and helped them to prepare a defence to the claim against them and to present its own claim for payment for variations and payment of its loss and expense in its place.

The Resolution

We advised our client to take the imitative and refer the dispute to adjudication, which gave them a better opportunity to set the agenda. The other side’s claim was founded on costs alleged for dealing with defective works and extra costs they alleged resulting from the Contractor delays.

This was a complex dispute with many sub-issues. However, our experts were effective in persuading the Adjudicator that the claim against our client had no merit as the costs claimed were not properly evidenced. The Developer, in presenting his claim, displayed a lack of knowledge as to the purpose and nature of liquidated damages, and we successfully persuaded the Adjudicator that an unliquidated claim for damages could not be pursued.

We assisted our client present a substantiated variation account and set the grounds for its own claim for an extension of time and recovery of its associated loss and expense.