
Holden Smith Consultancy Ltd (HSC) were employed to evaluate and manage a dispute that arose between two parties concerning a disputed payment notice received by our client showing a (minus) payment due and the extent of liability for claimed delays and a termination.
We reviewed the evidence and advised our clients position on the true value of works carried out and why the claims against out client as regards delay were invalid and why the purported termination of our client was wrongful.
Unfortunately our clients advised position did not trigger the required payment for our client and so the matter concerning the true value was referred to Adjudication where HSC drafted the claim in the Referral Notice which was submitted to the Adjudicator.
Following receipt of the claim set out in the Referral Notice the other party changed its mind and agreed to pay our client £56,000 in full and final settlement of the matters in dispute to include the Adjudication and all and any further claims including those that may otherwise be associated with the claimed delay and termination. In addition the other party agreed to pay the Adjudicator's fees in full.
We provided a Settlement Agreement to reflect the agreements which was executed by both parties thereby ending the adjudication early and resolving the disputed matters in full following which payments were duly received.
If we can help with any issues relating to construction claims please do not hesitate to get in touch with Mark Holden-Smith as follows:
Email: mark@holden-smith.com
Tel: 07834284308
Comments