Arbicon Case Studies

Adjudication for Repudiatory Breach

Value: £3.25 Million

Our Clients contract was terminated by a Main Contractor. On behalf of our Client, we challenged the validity of the termination.

Expert Witness, Residential Block Of Flats

We were instructed by a respected firm of solicitors to act as an Expert Witness. We were acting on the behalf of the building landlord owner in respect to the recovery of costs from the subcontractor who installed a sprinkler system which caused a leak in a block of residential apartments in London, two years after it was installed.

Expert Report, Fire damage caused during renovation works

Value: Circa £1 million

We were instructed by a firm of respected solicitors on behalf of a sub-contractor to provide an Expert Report to assess the claimed costs for damage caused by a fire.

Our Client was employed under a subcontract agreement with a Main Contractor for the restoration and refurbishments of a building in London.
During the renovation works, a fire broke out in the roof. The building owner claimed that our client caused the fire during the execution of roofing renovation works.

The claimed costs were circa £1 million.

Helping to resolve a Boundary Dispute

Read our case study on how Arbicon can help resolve your boundary dispute.

Aston Services Group - Training Seminar

Value: Comments

Jonathan Nugent, Arbicon’s Managing Director delivered a seminar to the Aston Services Group, focusing on construction contracts and how they are governed by the Construction Act, together with tips on procurement and payment rights as well as dealing with illegal and onerous clauses. Jonathan tailored the seminar to include real life examples of contracts Aston Services Group had been involved in, together with critiques on Aston’s own terms and those of the other parties. The participants gained valuable knowledge of what clauses to incorporate...

New Kiddicare Superstore

Value: £6.5 million

As part of the Kiddicare expansion and online retail business, Kiddicare procured a new HQ in Cygnet Park, Hampton, Peterborough, which served as a warehouse, offices and showrooms over three floors. Arbicon were engaged to develop the contract, negotiate terms and prices and procure a signed deal that fully protected the interests of the Client. Arbicon were then engaged in dealing with the construction and delivery of the building, contract management and cost control of the works to completion.

Rescued Project – Palace Refurbishment Project in North London

Value: Completion Works £2.2M

After a Main Contractor went into liquidation, Arbicon were instructed to rescue a palace residence in North London, with conservation/listed planning constraints where the main contractor went into liquidation with £2.2M of work still to complete.

£2.2M completed works delivered as contracted plus Client extras.

Expert Report - Preparation for Adjudication - Residential, London

Value: £890,000

Arbicon were instructed by IBB Law LLP to prepare an Expert Report on a Delay Analysis and Loss & Expense claim for its residential client, in preparation of a defence to a contractor’s referral in adjudication.

Hull City FC Football Stadium / Birse

Value: £805,000

Arbicon were instructed to defend a Main Contractor against an Extension of Time and Loss / Expense Claim for £805,000 in adjudication.

Twickenham Rugby Stadium / CSK Electrical Contractors Ltd

Value: £413,876.92

Representing CSK in adjudication and enforcement proceedings (CSK Electrical Contractors Ltd v Kingwood Electrical Services Ltd [2015] EWHC 667 (TCC) 11th March 2015) for non-payment for Electrical work carried out at Twickenham Rugby Stadium prior to the Rugby World Cup in 2015 from subcontractor Kingwood.

100% Win in Adjudication for Collins Contractors Ltd

Value: Circa £348,000

When our Client, Collins Contractors Ltd, fell into dispute over payment for works they had carried out for the refurbishment of a canteen area, Arbicon were happy to assist with dispute resolution to recover payment due.

The Employer’s Agent valued the Final Account at £1,641,480 +VAT with a due balance of £348,776.71 +VAT. The Employer failed to issue any Pay Less Notice and failed to pay the sum within the Employer’s Agent certificate.

Adjudication - Subcontractor, H&J Construction Services Ltd - Groundworks, Care Home

Value: £200,000

H&J Construction Services Ltd, a Subcontractor who had undertaken groundworks at Melbourn Springs Care Home in Royston, instructed Arbicon to resolve a dispute for the subcontract works. There were substantial disputes in respect of the valuation of the variation account and daywork items. The subcontract account had a value of circa £750,000, of which circa £200,000 was in dispute.

Adjudication for Subcontractor, RLP Painting Contractors Ltd, following Dispute on Variations

Value: £192,000

Arbicon were contacted by Subcontractor, RLP Painting Contractors Ltd, after a dispute arose over an interim payment relating to surface preparation and painting works in connection with alterations to station canopies at Kettering and Wellingborough train stations.

Adjudication - Main Contractor, Bluecrow Projects Ltd - Restaurant Fit Out, London

Value: £145,000

Arbicon were instructed by a Main Contractor who had undertaken the fit out of a London restaurant and was in dispute for the sum to be paid for the works, particularly in respect of their variation account.

Adjudication - Main Contractor - New Build Construction, South East London

Value: £134,000

Arbicon were instructed by a Main Contractor who was in the process of constructing 6 new 3-bedroom town houses and associated amenity spaces and car park in South East London, prior to their construction contract being terminated due to substantial disputes. The Building Employer alleged that they had overpaid for the construction works and that there was a repudiatory breach by our Client.

Adjudication for Subcontractor, Modular Connexions Limited, following Repudiatory Breach of Contract

Value: £124,000

Following a dispute with a Main Contractor over payment and damages, Modular Connexions instructed Arbicon who successfully adjudicated the dispute to obtain payment for the true value of the works, and the damages arising from the wrongful termination.

Advisory Expert Report in Preparation for Mediation

Value: Circa £108,000

Arbicon were instructed by a Contractor to produce an Expert Report in respect of a dispute that arose under an agreement with a Client for the construction and purchase of a residential dwelling upon a freehold property in Warwick.

A visit was made to the dwelling to investigate the matters in dispute and ascertain whether the individual items claimed by our Client had been undertaken, and if so, to what extent.

Adjudication - Subcontractor - Contra Charges Value Dispute, Groundworks Subcontract

Value: £100,000

Our Subcontractor Client was struggling with a significant payment issue with their Main Contractor Client who was seeking to apply numerous contra charges of significant value against their works package for alleged defects. Arbicon were instructed to adjudicate the dispute.

Flat Conversion, Skegness

Value: £92,000

Providing an Expert Report on an abandoned building contract to assess the value and quality of work done by the erstwhile builder; followed by prosecution of the builder for damages and the overpayment made in successful adjudication proceedings. The contract work comprised the conversion of a guest house into 6 self-contained flats in the seaside resort of Skegness.

Dispute Resolution for Subcontractor, Granite and Marble (Services) Ltd

Value: £80,927.91

Arbicon worked for our subcontractor client to resolve payment disputes through Alternative Dispute Resolution (ADR).

£54,318.46 (first dispute) + £26,609.45 (second dispute).

Adjudication - Main Contractor, R J Winnicott Ltd - Renovation and Extension

Value: Circa £65,000 +VAT and Interest

Arbicon were instructed by a Main Contractor Client, R J Winnicott Ltd, to resolve a dispute concerning a contract where the renovation and extension to a grade II listed building in Winchester was undertaken, including external works.

Two Adjudications Successfully Defended for Sub-Subcontractor, Hambledon Plumbing and Heating Ltd

Value: £64,000

Arbicon successfully defended our Sub-Subcontractor Client, Hambledon Plumbing and Heating Ltd, in two adjudications to recover payments due for conversion works.

The other party referred the initial dispute to Adjudication when they alleged that our Client had repudiated the contract between the parties.

Payment Dispute – Alleged Contra Charge and Prolongation Costs following Covid-19 Site Closure

Value: Circa £32,400 +VAT

Subcontractor, B.A.E Plumbing and Heating Ltd, instructed Arbicon to assist in a payment dispute with a Main Contractor who alleged contra charges and prolongation costs, following the closure of its site due to Covid-19.

The site remained closed for several weeks and in turn caused a critical delay to the carrying out and completion of all works on the site, including our Client’s subcontract works.

Settlement Agreement - Subcontractor, Broadstairs Scaffolding Ltd, Ramsgate

Value: £30,000 +VAT

Arbicon negotiated a Settlement Agreement to recover money for a Subcontractor Client who was in dispute with a Main Contractor over payments.

Repudiatory Breach of Contract Advice for Roofing Subcontractor

Value: Circa £17,000

Arbicon were instructed to resolve a payment dispute for our Roofing Subcontractor Client, who had not been paid their latest payment application in accordance with the contract terms for two roofing subcontracts, despite the sum being notified as due.

Dispute Overview of Contra Charges and Reviewing Subcontract Terms

Value: Circa £9,000

Arbicon were approached by Main Contractor, Burmor Construction, with regards to a dispute with a Subcontractor over contra charges applied to a proposed final account. The Subcontractor was also refusing to issue documentation relating to the works until paid.

Payment Dispute - Subcontractor, A S Building Contractors Ltd - Contra Charge Deduction Recovered

Value: £1,500

Arbicon acted for Subcontractor, A S Building Contractors Ltd, making a successful claim in a dispute which arose over a Contra Charge being taken from our Client without any substantiating evidence.

The Building Employer alleged that there was an issue with one of the plots and had deducted £1,500 from our Client’s Account.

Breach of Contract Dispute with Architect

A Main Contractor instructed Arbicon to resolve a dispute with an Architect, following a repudiatory breach of contract and financial damages.

The Architect repudiated the contract by failing to complete their contractual obligations, abandoning the works prior to completing the planning application by wrongfully terminating the contract, resulting in substantial losses for our Client.

Expert Witness - Kiani Case Study

A long winded and difficult case where each development had to be analysed against vast numbers of alleged invoices and charges in an attempt to verify or dismiss costs as being relevant to each development and then in the correct proportion. The analysis was then compiled into eight expert reports, which then had to be discussed with the other party's Expert, narrowed down, revised and ending in a Final Statement.

Contract Advice - Elmcroft Construction Ltd, Commercial Unit

Working with the Client to understand their specific requirements for the project and procurement methodologies, Arbicon produced a bespoke subcontract form with bespoke terms and conditions and project specific warranty requirements. Arbicon further assisted the Client in completing the bespoke forms with the relevant particulars applicable to not only the project, but each subcontract package.

Extension of Time and Disruption Claim for Main Contractor

Arbicon were instructed by a Main Contractor to assist them with a contractual Extension of Time claim relating to building works in London N1 following receipt of a non-completion notice.

The construction project had suffered several delays due to problems with the architectural and structural engineering design, and other direct contractors.

Contract Advice for Subcontractor, Smoke Control Solutions, following non-payment

Arbicon were instructed by Subcontractor, Smoke Control Solutions Ltd, to provide advice on terminating a contract following non-payment. We have subsequently carried out various contract reviews for dispute prevention over several years.