Construction Claims Consultants

Project Overview

A Main Contractor instructed Arbicon to resolve a dispute with an Architect, following a repudiatory breach of contract and financial damages.

A contract was formed between our Client and the Architect, for the initial design and the full planning application for a new development in London.

The Architect repudiated the contract by failing to complete their contractual obligations, abandoning the works prior to completing the planning application by wrongfully terminating the contract, resulting in substantial losses for our Client. 

Solution

Arbicon worked closely with our Main Contractor Client to establish the full Scope of Works to be undertaken pursuant to the contractual arrangement and to argue that the Architect had wrongly interpreted his scope, had wrongfully demanded additional payment to undertake works already within the contracted scope and then was wrong to terminate his agreement when the demands for additional payment were refused.

Arbicon argued that the Architect had wrongfully terminated the works committing a repudiatory breach of contract, entitling our Client to financial damages.

After an exchange of arguments, the parties agreed to enter negotiations with the intent of reaching a full and final settlement of the account. Arbicon successfully negotiated a Settlement Agreement, with our client obtaining a substantial payment.

Arbicon Comment

“This dispute with the Architect shows how important contract terms are, the Scope of Works and payment terms were clear and strongly supported the argument that the Architect had repudiated the contract.”

- Simon Dunkling, Director, Arbicon ADR Ltd

Client Comment

“As a Main Contractor, we have worked with Arbicon on a number of contractual issues over the past few years and would not hesitate in recommending their expert dispute resolution services. We dealt with Simon on this particular dispute with an Architect, the issue was grasped instantly, and Simon worked tirelessly to get the issue resolved, recovering money we were entitled to following the breach of contract.”

- Main Contractor

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