Adjudication…
Representation in Adjudication proceedings on behalf of the Referring Party main contractor during the second quarter 2007, successfully arguing that the Practical Completion Certificate issued under the JCT MW 1998 remained valid despite its purported ‘cancellation’ by the Contract Administrator (see our Autumn 2007 briefings).
Successful representation in Adjudication proceedings on a final account dispute on behalf of the Referring Party main contractor during the third quarter 2007 on a £573,000 business Park development in Leicestershire.

Expert Roles…
Submission of an Expert Report, prepared on the instruction of a London Borough Council for several matters on a ‘live’ project including, whether the main contractor was proceeding regularly and diligently under the principle of West Faulkner Associates v London Borough of Newham [1994], analysing the cause/s of delay and forecasting the time to complete and whether the Contract Administrator had used reasonable skill and care whilst administrating the Contract.

Contractual Advice…
Assisting a regional painting sub-contractor, procured under the JCT Dom 2 sub-contract on a large new-build project in Rutland, to secure payment from a national main contractor whose, JCT 1998 head contract had been determined by the Employer under clause 27.2.1.2. Using the power of clause 30.3 and threat of adjudication proceedings, the matter was settled within 21 days of our involvement with full payment including release of retention plus interest agreed to be paid by the main contractor.
Providing advice and assisting a nominated sub-contractor procured under the JCT NSC 1998 on a large new-build project in Rutland, to compile its account Statement and secure payment under clause 7.10.3 from a national main contractor whose, JCT 1998 head contract had been determined by the Employer under clause 27.2.1.2. This resulted in the sub-contractor receiving its full entitlement including release of retention.

Loss and Expense…
Compilation, presentation and successful negotiation of a claim for loss and expense on behalf of a principal contractor on a refurbishment project in Essex.

Lease Disputes…
Response on behalf of the tenant to the landlord’s expert’s schedule of dilapidations asserting a sum due of £69,656 for repairs under an expired lease. Our involvement resulted in a reduction of the sum sought to £1,661.

Quarter 4, 2007