Case Studies

Cladding and Roof Subcontract - Agricultural Building

Value: £25,000The Contract had few terms and thus was dominated by the terms of the Scheme for Construction Contracts (Regulations) 1998. The Sub-contractor's solicitors were unaware of Adjudication, failed to collect the debt, thus the account was almost written off. Work had been completed three years previous to Adjudication, during which time the respondents had written two letters in response to the final account. These letters did not address any of the issues. The respondents incorrectly believed that if they did not respond there would be no dispute. Subsequently there were jurisdictional claims for "no dispute" and amusingly "ambush", all of which were rejected. The claim resulted in £14,000 being awarded.

Adjudication - New Housing Development

Value: £54,000Following an unsuccessful attempt to resolve a final account, Adjudication proceedings were commenced to obtain payment of £24,000 from the Main Contractor. A classic case of "subbie bashing", a defective site investigation failed to appreciate the clear abnormal amounts of groundwork generated by a 1.0 to 1.2m deep depth of topsoil. The main contract had been agreed under design and build terms and the sub-contract was on re-measurement terms, a classic path to dispute. In this case a dispute arose on payment when works were 80 - 90% complete. This resulted in the groundwork contractor withdrawing from site making the dispute more polarised. The 45% success achieved thus was seen as a success by our Client.

Defending the Employer against M&E contractor - New Retail Store and Offices

Value: Circa £146,000In this case the Employer self-managed the works using trade contractors, however a dispute with the M&E contractor arose. There were some 100 complex disputed items, which comprised Loss and Expense, variations, inadequate design, defective and incomplete works. The Contractor issued Adjudication proceedings for the claim for £146,000 plus interest and VAT and the terms of the Scheme for Construction Contracts (Regulations) 1998 applied. The proceedings included an Adjudicator's site meeting, witnesses and experts. The Adjudicator generally dismissed most of the Contractor's claims and found in favour of the Employer's counterclaims. Due to procedural irregularities, the Adjudicator ruled he had no jurisdiction to rule on part of the air conditioning dispute worth £80,000. In other words, the Employer had the right to have this second dispute heard in a second Adjudication (which he chose not to embark on). Had the air conditioning been fully judged a repayment could easily have been due to the Employer. The dispute resulted in £60,000 being awarded.

Adjudication – Defending the Main Contractor against joinery Subcontractor - New Hotel

Value: Circa £67,000This defence against a specialist joinery sub-contractor involved calculations and pleas that this was a spurious and over-priced Claim. There were Extensions of Time and Loss and Expense elements in addition to variations in dispute. The Extensions of Time Claim might have seemed reasonable, except this sub-contractor was working direct for the Employer on some major items on the same site adding up to much of the extra time claimed. The Adjudicator was persuaded to greatly reduce this claim to a more reasonable level of valuation for the work, thus the Claim resulted in £23,000 being awarded, seen as a success by the Client.

Advocate for Claimant (Supplier) against Main Contractor

Value: £150,000 plus costsArbicon acted for the supplier of construction materials on a major civil engineering electrical overhead line project, the Main Contractor refused to pay as damages were alleged arising from late delivery. The case included a preliminary hearing, a hearing on preliminary issues, protracted exchanges of pleadings, witness statements and a final trial hearing. Part way through the final hearing, one of the defendant's witnesses in cross examination revealed that the Client had admitted liability to the delay concerned and had paid a claim made by the Main Contractor, thus the case collapsed and an award was made in full to our Client.

Joint Expert Report - Home Owners Claim, Floor Tiling Dispute

Arbicon were instructed as Joint Expert to prepare an Expert Report on behalf of the Court on the standard of floor tiling work completed and the cost of any remedial works required. The works were found to be of a reasonable standard with minor defects. The Joint Report was submitted to the County Court for Judgement.

Expert Reports - Housing Developments

Arbicon were appointed by the defendants in this very complex case regarding numerous housing developments to provide the Technology and Construction Court (TCC) with a view on the value of building works and development costs amounting to hundreds of thousands of pounds. Work involved dealing with Court Case Management, writing of 8 expert reports, expert meetings, completion of Final Reports and trial preparation. The case was settled part way through the trial.

LAD Deduction and Award of Extension of Time - New Hotel

Arbicon represented the Main Contractor in a supporting role with a firm of solicitors, resulting in the Extension of Time Claim being calculated and submission of a Final Account and Claim. Adjudication proceedings were issued and Liquidated and Ascertained Damages (LADs) were ordered to be repaid.

Adjudication – Power Line Subcontracts, Electrical Infrastructure Re-Development

Value: Circa £250,000Arbicon were instructed to undertake three adjudications in respect of disputes as to the value of the sums to be paid to the Subcontractor on three Power Line subcontracts, all with the same Client. Arbicon subsequently assisted our Client in negotiating and agreeing the settlement deal and as a result of our involvement our Client secured circa £250k.