More success for Rogers & Norton construction team

Peter Hastings. Rogers & Norton

Our construction team successfully completed an adjudication for a contractor, who was owed £250,000 for works undertaken on a renovation. The Responding Party challenged the Adjudicator’s Jurisdiction, but this failed as our submissions were accepted.

The Contract was in the form of an un-amended JCT Standard Minor Works Contract with Contractor’s Design 2016.

Our client issued an interim application for circa £450,000, with a net sum payable of £250,000. The Responding Party had served a valid Pay Less Notice.

The issues related to variations to the works, together with some omissions and issues raised on delays.

The Responding Party denied any sums were due and sought sums from our client arising from alleged delays. The devil was in the detail with considerable evidence submitted to support the additional sums claimed and to rebut the allegation of delay.

We also applied for an unassessed Extension Time Claim to be considered.

The Adjudicator accepted that our client was justified in denying liability for delays, and that the works were in fact completed on time. Therefore, we had successfully defended the claim for liquidated damages.

It was also accepted by the Adjudicator that the Responding Party was not entitled to omit such works by reference to clause 3.6.1 of the Contract and give it to others.

He also agreed that the Responding Party could not assess the value of the omissions. It was also accepted that the Responding Party had not followed the contractual provisions to either instruct other contractors to terminate the contract.

An award was made in favour of our client and the Extension of Time application was ordered.

The Respondent Party was ordered to pay the Adjudicator’s fees and interest.

Should you have any issues of a similar nature then you can contact me at ph@rogers-norton.co.uk or on 01603 675639.

 

 

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