Dispute avoidance and resolution - Client examples
Disputes requiring legal action can take many forms. We've outlined some common examples below and how we helped resolve them.
Delay and disruption: MC Ltd v W Ltd
Davies & Davies prepared and instructed a delay and disruption claim for £505,000 on behalf of MC Ltd for work undertaken at a leisure centre. This was subsequently negotiated based upon the claim and the referral prepared by Davies & Davies.
Additional costs resulting from delays by sub-contractors: A Ltd v BJV
Davies & Davies was instructed by A Ltd to prepare and present a delay and disruption claim for work undertaken at C Hospital by BJV. This had caused the value of “A's” work to increase from approximately £4.5m to approximately £7.5m. Davies & Davies applied negotiation to settle this situation.
Resolution of a final account: A Ltd v B
Davies & Davies was instructed to assist with the resolution of “A's” final account with “B”. For this, “A” instructed a quantity surveyor to prepare the final account based upon the work Davies & Davies had undertaken in a previous adjudication. “A” wanted to resolve the matter without commencing a formal dispute resolution procedure as it was considered that a more commercially beneficial settlement could be reached by the two parties. Davies & Davies advised “A” of the strengths and weaknesses of the dispute, and the legal and commercial positions of both parties.
Achieving settlement without damaging relationships: A Developer Ltd v B Wharf
Davies & Davies investigated potential claims against “A” for unjust enrichment, under valuation and breach of contract by “A's” civil engineering and ground works package contractor. Davies & Davies involvement successfully encouraged “A's” package contractor to seek a negotiated settlement without recourse to proceedings or causing the relationship between parties to deteriorate.
