Construction Claims Consultants

Project Overview

Arbicon were instructed to assist with a settlement agreement for a dispute concerning Works carried out under a JCT Minor Works Contract, for alterations and extensions to an existing residential property.

The Employer and Contractor were in dispute, the Employer considered the Works to be incomplete whilst the Contractor believed that outstanding sums were owed.

Solution

The Employer considered that the Works were incomplete and that they had overpaid. The Employer also considered that the Contractor was in repudiatory breach of contract for abandoning the project. The Contractor believed that they were owed outstanding sums for unpaid variations, and conversely that the Employer was in repudiatory breach of contract for denying access to the property, preventing works from being completed.

A significant sum was in dispute and there was a high risk of escalating the issue and damages becoming due if the parties were unable to reconcile their differences.

Arbicon worked with our Client, Kullar Kitchens and Bathrooms, and the other party to negotiate a settlement agreement, with the parties agreeing:

- the scope of the variations undertaken,
- the value of the sum due to be paid to the Contractor,
- for the Contractor to return to site to complete the works, and
- a process for managing the completion of the works to prevent future disputes arising.

Arbicon then worked with the other party’s representative in the drafting and execution of a binding settlement deal.

Arbicon Comment

"When both parties are in a dispute such as this, a settlement agreement is often advised. We were pleased to have assisted in both parties coming to an agreement and being able to move the project forward to completion."

- Simon Dunkling, Director, Arbicon ADR Ltd

Client Comment

"Arbicon were amazing with helping us resolve this dispute, they dealt with our issue in a professional manner and ensured that we came to a settlement agreement, meaning we were able to complete the Works and settle payment with our Employer."

- Amrit Kullar, Director, Kullar Kitchens and Bathrooms Limited