Type of Project- Major Hotel New Build Construction
ramskill martin’s client was a specialist Subcontractor with a subcontract sum of £860,000.00. The subcontract was based on standard form of DOM/2, 1980 Edition including standard and none standard Amendments although the agreement was created by way of a letter of Intent with reference to the Construction Act.
Description of Issues
ramskill martin prepared a Position Statement for a specialist Pre-Cast Concrete Subcontractor in respect to its final account valuation, delays and a loss and/or expense (damages claim). RM presented a compelling case with the primary objective being to establish a further substantial payment and to avoid a formal dispute situation.
Entitlement or Liabilities
The Main Contractor was withholding in excess of £250,000.00 from payments otherwise due to the Subcontractor. Liabilities and entitlements existed with both Parties and a formal dispute resolution process would have rendered it without any commercial business sense.
Assistance to the Specialist Subcontractor
ramskill martin’s Position Statement presented its Clients case, setting out its Clients entitlement and the Main Contractor’s liabilities in respect to the Contractual position, delay, loss and or expense and Quantum matters.
Following the production of the Position Statement and one negotiation meeting ramskill martin’s Client received a payment in excess of £170,000.00 which was well in excess of what could have been anticipated from a formal process such as Adjudication.