Adjudication: Capability Statement
8 Case Studies
Services: Expert Witness & Expert Advisor
Categories: Commercial, Contractual, Planning & Programming | Adjudication
1. ADJUDICATION
Representing the Responding Party, defending an overall Claim of £2.25m made by a Main Contractor to a large London Developer on a JCT DB 2016 Form of Contract.
a. Contract Value: £6,500,000.00
b. Scope of RM's Instruction: Ramskill Martin was instructed by the Responding Party to defend a claim valued at £2,250,000.00. The dispute included a Variation Account, Prolongation and other Loss and Expense.
c. Impact of RM's Input: Ramskill Martin’s Quantum and Delay Team of Experts successfully defended the Adjudication with an Award by the Adjudicator, directing that Ramskill Martin’s Client pay a sum of circa £275,000.00, approximately 10% of the original claim being pursued.
2. ADJUDICATION
Responding the Referring Party on a Dispute relating to significant Re-Signalling Works (Rail).
a. Contract Value: £10,000,000.00
b. Scope of RM's Instruction: Ramskill Martin was instructed to prepare a Referral relating to matters of Quantum and Delay (circa £5,000,000.00). The dispute revolved around a number of key variations relating to significant scope changes, prolongation and Loss and Expense related to substantial re-signalling works.
c. Impact of RM's Input: Ramskill Martin secured 70% (circa £1,500,000.00) of the Variation Account, 100% of the time claimed (36 weeks) and 65% of the Loss and Expense claimed (circa £2,000,000.00).
3. ADJUDICATION
Representing the Referring Party, in pursuit of a payment of £975k on behalf of a Steelworker Sub-Contractor against the Main Contractor on an NEC Option B Form of Contract.
a. Contract Value: £4,500,000.00
b. Scope of RM's Instruction: Ramskill Martin was instructed by the Referring Party in pursuing a claim of £975,000.00. The dispute included a Variation Account and Re-measurement of Elements of the Works.
c. Impact of RM's Input: Ramskill Martin’s Quantum and Contractual Team of Experts successfully secured an award by the Adjudicator, directing that the Main Contractor paid a sum of circa £800,000.00; around 82% of the original claim being pursued.
4. ADJUDICATION
Representing the Referring Party, a Cladding Specialist against the End User Client on an NEC Option A Form of Contract.
a. Contract Value: £800,000.00
b. Scope of RM's Instruction: Ramskill Martin was instructed by the Referring Party to fully substantiate the Final Account and then adjudicate on the outstanding sum of £160,000.00. The adjudication also included a defence of the Client’s claim for levying Liquidated Damages in the sum of £320,000.00.
c. Impact of RM's Input: Ramskill Martin’s Quantum and Time Team of Experts recovered 70% of the amount claimed and successfully defended all claims in respect to Liquidated Damages.
5. ADJUDICATION
Representing the Referring Party, a Main Contractor in respect of an unusual dispute with the Infrastructure Sub-Contractor on a Bespoke Form of Contract.
a. Contract Value: £1,600,000.00
b. Scope of RM's Instruction: Ramskill Martin was instructed by the Referring Party in pursuing a claim of £100,000.00 arising out of a Bonus Scheme, which formed part of the Contract.
c. Impact of RM's Input: Ramskill Martin’s Quantum and Contractual Team of Experts successfully secured an award by the Adjudicator, directing that the Main Contractor be paid a sum of circa £100,000.00 bonus by the Infrastructure Sub-Contractor, with a Ramskill Martin fee of £10,000.00.
6. ADJUDICATION
Representing the Referring Party, a Developer/Contractor on a JCT DB 2016 Form of Contract.
a. Contract Value: £5,000,000.00
b. Scope of RM's Instruction: Ramskill Martin was instructed by the Referring Party in pursuing a claim of £450,000.00 in respect to a substantial Variation Account and Loss and Expense.
c. Impact of RM's Input: Ramskill Martin’s Quantum and Contractual Team of Experts successfully secured an award by the Adjudicator, directing that the Employer be paid a sum of circa £325,000.00.
7. ADJUDICATION
Representing the Referring Party, a Specialist Modular Build Contractor in dispute on an Interim Valuation with a local Council.
a. Contract Value: £2,500,000.00
b. Scope of RM's Instruction: Ramskill Martin was instructed by the Referring Party – a Specialist Modular Build Contractor that was in dispute on an Interim Valuation with a local Council. The dispute value was £320,000.00 and Ramskill Martin was engaged under a success fee arrangement.
c. Impact of RM's Input: Ramskill Martin’s Quantum and Contractual Team of Experts successfully secured an award from the Adjudicator, directing that the local Council paid a sum of £315,000.00, approximately 98% of the original claim being pursued.
8. 8. ADJUDICATION – (“Smash and Grab”)
Acting for a Main Contractor against a Pharmaceutical Laboratory Employer.
a. Contract Value: £3,500,000.00
b. Scope of RM's Instruction: Under a bespoke form of contract our client applied for £380,000.00 plus VAT. Our client’s Employer failed to issue a Compliant Payment or Payless Notice. Following a letter from Ramskill Martin advising the Employer of its default and its obligation to pay the notified sum the Employer refused to make payment. Ramskill Martin commenced a “Smash and Grab” adjudication for £380,000.00.
c. Impact of RM's Input: The Adjudicator decided in our client’s favour, Ramskill Martin’s fees were £20,000.00 overall including the initial advice, the letter to the Employer, and the adjudication process which included addressing some particularly challenging jurisdictional challenges.