Construction Claims Consultants

Project Overview

It was important to establish the builders repudiatory breach so that damages could flow, it was also essential that a detailed Expert Report on the value and quality/incompleteness of the work was carried out, which Arbicon also did in an Expert Report, recording everything contemporaneously.

Solution

Arbicon were called in when the builder abandoned the works. The contract was thus brought to an end by the builder's repudiation and that was managed by Arbicon. It was important to establish the builders repudiatory breach so that damages could flow, it was also essential that a detailed Expert Report on the value and quality/incompleteness of the work was carried out, which Arbicon also did in an Expert Report, recording everything contemporaneously. The prosecution of the claim for the evident overpayment was then easily proved and executed successfully in adjudication. The job was the typical result of a Client not using professional advice. As QS, such as Arbicon, would have implemented a proper contract and cost control system avoiding the serious problem of overpaying the builder. The Client unwittingly paid almost £92,000 of a £110,000 contract 84% paid when only 30% of the work was done.

Value

£92,000

Arbicon Comment

"This is Arbicon's speciality, when a builder has abandoned the work and overcharged you a combination of Expert Report recording and prosecution by adjudication is very powerful in dealing with such bad practice. It also allows the completion of the work to take place knowing where the battle line is drawn in the sand. We were able to execute the case against the builder effectively with almost 100% success."

Client Comment

"This was a very difficult time for us, we were victims of cowboy builders. I regret not contacting Arbicon for advice at an early stage. Arbicon helped me get justice I just hope anyone else does not have to suffer as I did, these people are still out there trading."

- Mr H