Case Studies - Demonstrating Value

handshake Client: Contractor

Services: Adjudication - Defendant Representation

Project Description
The amount in dispute between the contractor and a subcontractor was £300,000. The contractor was petitioned by the subcontractor for payment of additional monies based on its own terms and conditions of contract.
The Challenge
  • The contractor had no strategy or understanding of the options open to it or its risk.
  • There was a lack of an organised system and process to deal with disputes.
  • The contractor lacked experience and confidence in dealing with complex disputes and particularly the adjudication process.
The Solution
  • An immediate review of the project file and discussions with the contractor’s construction team.
  • Through a systematic analysis of documents and correspondence, we offered options and valuable advice on the way forward.
  • We established the strategy and advised as to risk.
  • We drafted letters and response documents on behalf of the contractor and led the Adjudication for the Respondent.
The benefits
  • We succeeded in winning the adjudication and defeating the subcontractor’s petition to be paid additional monies.
  • We demonstrated added value to the contractor by proposing strategies that had not been considered by the contractor, such as establishing the correct terms and conditions before wasting any further time or money discussing both Parties positions based on different terms and conditions.
  • We saved the contractor both time and money through the use of in-house resources directed by our expertise. The team was led by us and supported by relevant experts, thereby removing the need for the contractor to identify and brief external lawyers and experts.
  • The cost models that we offered to the contractor shared the contractor’s risk.
  • Had we not been able to provide a cost effective resource solution within the time constraints of the adjudication process, it is likely that the contractor would have needed to settle in order to avoid the time impact of the process.
  • Given our substantial experience of adjudication, we were able to deal with issues quickly and with confidence.