Overview

Our client (the sub-contractor) received a Payless notice showing a difference of £75k, and we were instructed to procure a fair assessment and payment either from the contractor and/or through Adjudication as required.

The Problem

The problem was a disagreement over the valuation of variations, and the assessment of costs claimed as being caused by delays. Our client had requested an extension of time and claimed loss and expense, but the contractor refused the extension of time and claimed £25K from our client for purported delays.

The Solution

We reviewed the contract and determined their was no provision for any extension of time or loss and expenses, therefore it was concluded the claim would be damages arising from a breach of contract.

We reviewed the available facts and found multiple delays on the critical path and events that disrupted regular progress.

We performed analysis to demonstrate the extent of causation for loss of productivity and delays, and referred to relevant legal authorities as regards liability.

We resubmitted the claim as damages accompanied by the available evidence and factual demonstrations.

The Result

Following the submission of the revised claim our client met with the Contractor and agreed the payment and all matters in dispute, in full, to the benefit of both parties.

Need Help? We Offer a Free Preliminary Review

If you need help with any contractual problems or claims please do not hesitate to contact me and we can provide a free preliminary review of the problem and discuss the best way to proceed.

Contact Us

Email: mark@holden-smith.com

Tel: 07834284308