Adjudication: Capability Statement
7 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: RM was instructed by the Responding Party defending a claim of £2.25m. The dispute included a Variation Account, Prolongation and other Loss and Expense.
c. Impact of RM's Input: RM’s Quantum and Delay Team of Experts successfully
defended the Adjudication with an Award by the Adjudicator, directing that RM’s
Client pay a sum of circa £275k; around 10% of the original claim being pursued.
2. 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 plus VAT. Our clients Employer failed to issue a compliant payment or
Payless notice. Following a letter from RM advising the Employer of its default and
its obligation to pay the notified sum the Employer refused to make payment. RM commenced a Smash and Grab adjudication for £380k
c. Impact of RM's Input: The adjudicator decided in our clients favour. Fees were £20k overall including the initial advice, the letter to the Employer, and the adjudication process which included addressing some particularly challenging jurisdictional challenges.
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: RM was instructed by the Referring Party in pursuing a claim of £975k. The dispute included a Variation Account and Remeasurement of Elements of the Works.
c. Impact of RM's Input: RM’s Quantum and Contractual Team of Experts successfully secured an Award by the Adjudicator, directing that the Main Contractor paid a sum of circa £800k; 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: RM was instructed by the Referring Party to fully
substantiate the Final Account and then adjudicate on the outstanding sum of
£160k. The adjudication also included a defence of the Client’s claim for levying
Liquidated Damages in the sum of £320k.
c. Impact of RM's Input: RM’s Quantum and Time Team of Experts successfully
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: RM was instructed by the Referring Party in pursuing a claim of £100k arising out of a Bonus Scheme, which formed part of the Contract.
c. Impact of RM's Input: RM’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 £100k bonus by the Infrastructure Sub-Contractor, with an RM fee of only £10k.
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: RM was instructed by the Referring Party in pursuing a claim of £450k in respect to a substantial Variation Account and Loss and Expense.
c. Impact of RM's Input: RM’s Quantum and Contractual Team of Experts successfully secured an Award by the Adjudicator, directing that the Employer be paid a sum of circa £325k.
7. ADJUDICATION
Representing the Referring Party, a 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: RM 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 and RM was engaged under a success fee arrangement.
c. Impact of RM's Input: RM’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; around 98% of the original claim being pursued.