CASE STUDY
Arbicon
successfully defended our Sub-Subcontractor Client, Hambledon Plumbing and
Heating Ltd, in two adjudications to recover payments due for conversion works.
A dispute
initially arose when our Sub-Subcontractor Client was alleged to have
repudiated the contract between the parties by suspending their works, which
was claimed to be without merit. The dispute resulted in the other party's referral to adjudication.
The
Adjudicator agreed with our Client that the other party had incorrectly
terminated the contract, among other breaches including failure to pay our
Client notified sums.
In a futile continued
attempt to avoid the awarded payment in an enforcement, the other party sought
to rely on a purported final account, which was valued significantly less than
our Client’s assessment and referred the matter to a second adjudication.
Arbicon contested the termination claims for the first adjudication and were successful in defending the claim of repudiatory breach of contract against our Client. The adjudication concluded that it was the other party in breach on several grounds and that they had terminated our Client’s contract wrongfully. The other party then refused to pay sums due as awarded in the adjudication, for instructed changes in design and materials and the Adjudicator decided that they had refused to pay a fair and reasonable price, and our Client had been locked out of the site, thereby unable to continue works. Our Client was awarded an interim payment of circa £47,450.
Our Client commenced enforcement proceedings for these sums, in an attempt to avert this, the other party referred a second dispute on the respective valuations of the works undertaken under the contract, valuing the final account significantly lower and issuing a Pay Less Notice. The other party referred the matter to adjudication and our Client once again instructed Arbicon to defend the claim.
Arbicon successfully defended this and in addition to the first award which was enforced, the Adjudicator awarded the total sum to be paid at the higher value of circa £64,000.
The other party was also ordered to pay the Adjudicator’s fee in both adjudications.
£64,000
“We were very happy with the initial adjudication service provided by Arbicon, hence why we instructed the team to defend us in the subsequent adjudication for the same construction project. We were delighted that they successfully defended both claims, their expertise led to the decisions that payments were in fact due to us. The Arbicon team acted in a consistently professional and empathetic manner throughout and Harvey Cooke’s wealth of knowledge and clarity of thinking ensured that we were always kept well-informed and were subsequently successful in each adjudication. We would not hesitate to use or recommend Arbicon’s services.”
- Sarah Henry, Company Secretary, Hambledon Plumbing and Heating Ltd
Arbicon Comment
“We were delighted to defend our Sub-Subcontractor Client in two adjudications referred against them by their Client, being awarded payments rightly due to them."
- Harvey Cooke, Director, Arbicon ADR Ltd