Adjudication

Case: Domestic Sub Contractors Vs Main Contractor
The domestic sub contractor was appointed for the engineering services via the main contractor relating to the development of luxury flats. The domestic sub contractor commenced as programmed but soon found that the main contract works were in delay. The sub contractor was requested to use “best endeavours” to retrieve matters but ongoing delays persisted.  Whilst the sub contractors works had only minor variations, the contract period doubled.

We were appointed to produce a final account and claim taking account of all delays. We attended meetings with the main contractor that resulted in the granting of a full extension of time. However, as reasons for the delays were essentially caused by the main contractor, there was a reluctance to recognise any costs associated with the extension of time.

The dispute went to adjudication and we acted for the sub contractor. Thanks to the detailed analysis of site records, reliance upon clear notices and a well argued referral, the domestic sub contractor was placed in a strong position which resulted in a good recovery; bearing in mind we had achieved a full extension of time.

Lesson – give notices in due time for extensions of time