Case study
Representation in an adjudication
- Posted:
- 24 September 2019
- Time to read:
- 2 mins
Deal Type: An adjudication
Sector: Construction
About the deal
We were instructed by a new client, an office refurbishment and fit out specialist, in respect of an adjudication which had been commenced against them. A claim was being made against them alleging that they had not paid for all of the work carried out. However, they felt that they had paid all that was due to their subcontractor.
As the adjudication had already started, we had very little time to advise and then file a response. We were able to advise on possible defences, particularly those relating to how the how the payment process in construction contracts work. We identified errors in the way that the claim had been made and having considered those errors a way forward was decided. We completed the response.
The adjudicator then allowed the subcontractor to put forward an alternative claim. We had to advise on that and produce a response to the new basis of claim. We were confident that our client had a good defence to the claims, and this was proved correct by the award which dismissed the claims made against them. The subcontractor was also ordered to pay the costs of the adjudicator. This case demonstrates the benefit of having real specialist construction legal advice when being represented in an adjudication.
