Adjudication - client examples
Loss and incurred expenses: MB Ltd v A Charity
The dispute concerned the payment of loss and/or expense and the valuation of the variation account. Davies & Davies wrote the claim, adjudication notice and adjudication referral for MB Ltd. The Charity was assisted by a QC, based upon the claim, adjudication notice and referral, the Employer was able to settle both the claim and contract account.
Breach of contract: A Ltd v B Ltd (main contractor v mechanical sub-contractor)
Working on the instructions of A Ltd, Davies & Davies formulated and presented an adjudication/claim against B Ltd for breach of contract arising from “B's” failure to complete on time, and the consequential delay caused to the main contract. Due to similarities of the claim with that of an earlier adjudication, “A” was able to utilise the majority of the response document provided during the previous adjudication against “B”. Adjudication proceedings were successfully brought against “B”.
Against a company in liquidation: A Ltd v Mr B (main contractor v Mr B, liquidator of C Ltd)
Davies & Davies was appointed by A Ltd with regards to a claim against “C”, a subcontractor, for the defective design and installation of soil and vent pipes, which were in breach of the contract. “C” had been contractually obliged to obtain insurance for its works which it had been through DD Insurance. Davies & Davies commenced an Adjudication against “C” and its liquidator to ascertain the extent of damages for which “C” were liable to “A”. Damages were assessed by a third party so that A could then claim against the DD Insurance policy. The adjudication awarded significantly in “A's” favour including the adjudicator's fees and expenses.
