UK Adjudication
The Brief
A large UK cladding and curtain walling sub-contractor client engaged JEPSON CONSULT on a major high rise office block development in Scotland after handover following the main contractor issuing a circa £3,500.000 claim for alleged delay and disruption caused by the sub-contractor to the main contract works and demanding repayment. The value of this alleged claim was approaching 70% of the sub-contract sum. The form of subcontract was bespoke and provided that adjudication shall be in accordance with the Procedural Rules for Adjudication published by TesCSA.
JEPSON CONSULT attended the clients offices in Scotland and worked with the clients senior QS to examine the claim which was based on a computer generated time slice analysis but did not fit readily with the contemporaneous evidence in terms of programmes, meeting minutes and site records. It was apparent no “reality check” had been undertaken by the authors of the retrospective delay analysis and JEPSON CONSULT produced a rebuttal document based on the evidence and applying common sense principles to the likely cause of delays which concluded the main contractor was in delay with the prerequisite structures, failed to give access for mast climbers around the perimeters of the office blocks, etc., changed the sequence and timing of the subcontract works and reduced durations of internal trade works in highly ambitious programming in an attempt to recover the time lost.
The main contractor was not minded to settle the matter amicably without the subcontractor agreeing to pay most of the claimed amount. JEPSON CONSULT advised the client the claim was unlikely to stand up to scrutiny in the manner presented and thereafter the main contractor commenced adjudication to recover the claimed amount of £3,500,000 and appointed a leading construction law firm to represent them in the proceedings. JEPSON CONSULT case managed the adjudication for the client and quickly established a small experienced team to assist including the client’s senior QS, a forensic delay analysist, a quantum expert, construction contract consultants and Counsel from leading construction law chambers in London to address the voluminous submissions in the proceedings. JEPSON CONSULT advised the client on strategy during the four months of submissions, coordinated activities and worked with team members on the substantive issues to address the main contractor’s submissions and prepared witness statements. Following a one day adjudication meeting The Adjudicator dismissed the main contractors claim in its entirety and directed the main contractor pay his fees.
During the following 6 months JEPSON CONSULT assisted the client to achieve a satisfactory negotiated settlement of its final account and payment.
The key to success in this case included:
- JEPSON CONSULT undertaking a “reality check” on the computer generated retrospective delay analysis.
- JEPSON CONSULT selecting a small experienced team to assist in the adjudication
JEPSON CONSULT has a proven track record in resolving difficult and complex cases aided by “out of the box” thinking. As one satisfied client put it:
“We employ Mr Jepson for his wisdom”
Telephone +44 (0) 7785 730359 for a no obligation chat if you have any project issues of concern