CASE STUDY
Arbicon will adjudicate on cases whatever the size, whether £10,000 or £10 million. This case was a small one.
The subject matter at hand pertained to an unpaid claim revolving around electrical works undertaken in May 2022 by our client, on a large domestic property, with contentious variations.
Further complicating matters was a dispute involving wrongful termination of our client which was not in accordance with the JCT Homeowner contract.The customer had not appointed a consultant to oversee the project, hence a number of specialist trades were all co-ordinated by the customer causing delays. (The usual position under a JCT Homeowner Contract is that there is one contractor responsible for the whole project, whereas on this project there are several trade contractors, each with their own scope of works, but arguably no overall control of the works.)
Our client had completed their part of the works and were waiting for works to be completed by others before they could resume, they also identified a number of health and safety concerns, so they were unable to carry out further works until rectified by the customer. The customer disputed this and blamed them for the second fix of works not being completed and the overall project delay, (however, there was no completion date specified on the contract).
Arbicon obtained a resolution through Adjudication and WON!
The adjudicator determined not only was our clients contract unjustly and incorrectly terminated by the other party, but also confirmed our client was due a payment for the electrical works carried out plus the claimed variations. Our client was awarded £10,000 and the other party had to pay the costs of the adjudication. They were also able to recover damages for loss and profit on the balance of the contract sum.
Our client was paid in full and was very pleased.
£10,000