CASE STUDY
Arbicon were instructed by our Main Contractor Client, R J Winnicott Ltd, to resolve a dispute concerning a contract where the renovation and extension to a grade II listed building in Winchester was undertaken, including external works.
The dispute arose due to the parties’ respective valuations of the works undertaken under the contract, the adjustment of the Contract Sum and the resultant value of the Final Certificate and sum due to be paid in respect of the final payment.
The works were carried out under a JCT Intermediate Building contract with Contractor’s Design 2016.
Our Main Contractor Client was issued with a Final Certificate, but disputed the sum due, valuing the final adjusted Contract Sum much higher, resulting in a significant payment dispute.
Arbicon issued a Notice of Adjudication to the Building Employer on behalf of our Client to ascertain the adjustment to be made to the Contract Sum and the entitlement to extensions of time. Following the issue of adjudication proceedings, a set off notice was issued by the Building Employer’s representative, all items were successfully defended by Arbicon.
Arbicon worked closely with the Client to build and submit a full account for the adjudication, with corresponding evidence to prove entitlement to extension of times and the valuation of works. Following the successful adjudication, all extensions of time were found to be valid and therefore such claims for liquidated damages failed. The adjusted Contract Sum was valued at £754,900.53 and our Client was awarded the outstanding final payment of circa £65,000 +VAT and interest. The Building Employer was also ordered to pay the Adjudicator’s fee.
Circa £65,000 +VAT and Interest
“We were over the moon with the adjudication result and the significant sum recovered for us. Our payment dispute was dealt with quickly and efficiently, the attention to detail that the Arbicon team gave it meant that a strong case was developed against the Building Employer. We would definitely recommend Arbicon’s services, it’s clear that they are highly experienced when it comes to resolving disputes through the adjudication process.”
- Tony Sharp, Construction Manager, R.J. Winnicott Ltd
Arbicon Comment
“This adjudication was a great result for our Main Contractor Client, and we were delighted with the outcome. It is important to dispute a Final Certificate within 28 days of it being issued to adjudicate the dispute, had our Client not acted quickly, they could have lost the money rightfully theirs.”
- Simon Dunkling, Director, Arbicon ADR Ltd