CASE STUDY
Arbicon were instructed to undertake an adjudication in respect of a dispute as to the value of the contra charges being offset against sums due to be paid to our Subcontractor Client on a groundworks subcontract on a new housing development. During the adjudication, Arbicon were subsequently instructed to negotiate and agree a binding settlement agreement in full and final settlement of the dispute.
Our Subcontractor Client was struggling with a significant payment issue with their Main Contractor Client who was seeking to apply numerous contra charges of significant value against their works package for alleged defects.
Arbicon prepared and ran an adjudication against the Main Contractor to have the “value” determined and have the contra charges struck out. No sooner had the proceedings commenced, the main contractor made contact in order to settle the dispute. A deal was done and a settlement agreement drawn up and as a result our Client was £100,000 better off than they were before Arbicon were engaged.
£100,000
“Our Main Contractor was trying to apply several contra charges to us against alleged defects on a new housing development that we were working on. We instructed Arbicon who advised we were fully entitled to an adjudication against the Main Contractor. With Arbicon’s expertise and know how, the Main Contractor soon made contact and a settlement agreement was negotiated. We definitely couldn’t have got this great result without Arbicon.”
- Russ Gurney, Managing Director, Radcot Plant Ltd
Arbicon Comment
“Sometimes our clients aren’t aware of the right to adjudication and this is often the best route to take to get the payments owed to you. With this particular case, it didn’t take long for the Main Contractor to settle the dispute as they had no case and the spectre of costs made them submit.”
- Simon Dunkling, Director, Arbicon ADR Ltd