- Advising the Employer under a building contract in relation to a £7.5 million dispute on a housing redevelopment project. The Contractor had been engaged to undertake the design and construction of the redeveloped works over a series of phased arrangements. Throughout the duration of the project, a risk management strategy was established to identify the key issues arising from complicated provisional sum issues and guide the Employer through a risk mitigation process. This also involved advising on the approach to terminate the Contractor’s employment and documenting the engagement of a replacement contractor. Subsequently assisting the Employer in defending of adjudication proceedings in which the Employer was substantially successful.
- On over 50 separate contracts for day to day responsive repairs to housing stock, advising various housing associations on the insolvency of the same contractor, where required effecting termination of the contractor’s employment, advising on contractor re-procurement, defend contractor claims, advise on loss mitigation and negotiate conclusion of all issues.
- Advising the Employer under a term maintenance contract for day to day responsive repair and voids in relation to the contractor’s poor performance and over £1.5 million in disputed claims. This included reviewing the contractor’s performance, benchmarking the KPIs, evaluating the disputed items, advising the Employer and developing an exit strategy. Representing the Employer in mediation proceedings and effecting a negotiated concluded and binding statement.
- Advising a housing association in connection with delays, additional expense claims, financial entitlement and overall final account disputes across 18 new build housing and golden brick schemes all with the same developer but under separate contracts. This included prosecuting 17 concurrent adjudication proceedings whilst counter defending 18 concurrent adjudications with 18 different adjudicators. Following conclusion of the 35 adjudication proceedings, advising in relation to proceedings in the Technology and Construction Court for the enforcement of ‘aggregated’ adjudicator decisions.