Construction Claims Consultants

Project Overview

Arbicon were instructed to undertake an adjudication in respect of a dispute as to the value of the sum due to be paid to our Subcontractor Client which in turn involved disputes as to the quantity of works undertaken, the liability for variations, and the liability for contra charges for alleged delays and defects.

Solution

Our subcontractor client had been experiencing payment issues with their Main Contractor Client who was refuting the value due to be paid to them, having refuted numerous variations, having refuted the value of the contract works being undertaken and the applicable rates, and having sought to apply numerous contra charges of significant value in respect of alleged defects and delays even suggested that our Client was liable to refund them for purported overpayments.

Working with the Subcontractor, Arbicon prepared a fully substantiated account bundle that fully set out and justified our Subcontractors claims. Arbicon also prepared and submitted evidence that rebutted the contractors alleged defects and delays, and demonstrated that it was in fact the main contractor who was responsible for the delays and could not recover any contra changes from our Subcontractor client.

After the main contractor continued to refuse to make payment, Arbicon ran adjudication proceedings against the main contractor which resulted in a legally binding award that our Subcontractor was due the vast majority of the sums they were claiming and that all of the main contractors contra charges were unrecoverable.

Value

Circa £30,000

Arbicon Comment

“Having looked at the dispute in question, it became apparent that it was in fact the Main Contractor who was responsible for the delays and not our client. We were happy with the result for our client.”

- Simon Dunkling, Director, Arbicon ADR Ltd

Client Comment

“Arbicon provided us with expert advice, preparing the submissions needed to prove that we had not been the cause of any delay, or the alleged defects. Following continuous payment issues, Arbicon ran an adjudication against the Main Contractor and thankfully, due to their level of skills, we were awarded the majority of our claim. We would thoroughly recommend Arbicon!”

- Melvyn Chandler, Director, Purfleet Fabrications (U.K.) Ltd