Dispute Avoidance Services on behalf of a Specialist Subcontractor

Type of Project – Construction of a New Prison in Scotland

The project consisted of the construction of a new prison in Scotland. The terms and conditions of the subcontract were the Main Contractor’s heavily amended form of GC Works Sub-Contract General Conditions 2000.

Description of Issues

The subcontractor (a precast concrete manufacturer and erector) had received withholding notices from the contractor of over £1m in respect of alleged defective work and prolongation costs.

Entitlement or Liabilities

RM prepared a position statement on behalf of the subcontractor to recover more than £1m that was being withheld by the contractor.

Assistance to the Precast Concrete Specialist Subcontractor

RM provided the subcontractor with commercial and contractual services including preparing a position statement which was issued to the contractor. Within four months of our appointment, without resulting to a formal dispute resolution process, our client obtained a £1m payment from the contractor in a commercial settlement of all matters.