Pay now, argue later. Construction Adjudication was introduced by the Housing Grants, Construction and Regeneration Act 1996 as a mandatory dispute resolution procedure. It applies to the construction industry and enables the speedy resolution, of disputes to unlock disputed payments, fast.
If you have received a pay less notice or a payment notice for a substantially reduced amount, Veritas Surveying Limited can help. Our Manchester based experts will swiftly review your claim and determine your prospects of success before proceeding to adjudication.
We can draft your notice of adjudication to enable you to commence your claim. When drafting the document we will ensure that there is a construction contract in place, attempt to establish the terms of the contract (it can sometimes be quite tricky), identify an appropriate Adjudicator Nominating Body, establish that a dispute has crystallised and ensure that the dispute referred can be determined via the adjudication process to enable you to swiftly recover your money.
Whilst we cannot go into great detail, a selection of our recent wins include:
Main Contractor - An interim claim for payment for a new build hotel project. Ironically, the Employer commenced the adjudication but we were prepared having worked on the account for a few months before the adjudication. Much to the Employer's surprise its attempt to ambush the Main Contractor failed and we managed to secure a payment in the region of £800,000.00 with a further £200,000.00 of retention to follow. One happy (now) cash rich client.
Subcontractor - An interim valuation dispute relating to ceilings and partitions on a new build project in Brighton, the contract sum was around £1m with a disputed payment amount in the region of £85,000.00. The disputed items included a claim for additional preliminaries, labour charges following the early removal of a hoist and everyone's favourite, a selection of alleged contra charges from the Main Contractor to avoid making further payment. Through the adjudication process we managed to successfully recover a sum in the region of £50,000.00 for the Subcontractor and the Main Contractor was required to pay the Adjudicators bill in full. Sadly, the Main Contractor failed to pay, but that did not stop us, the matter was then referred to the High Court for the enforcement of the decision within a couple of weeks. On conclusion of that process, all the legal fees and our costs for the enforcement were paid by the Main Contractor. Another great result for a valued client.
Employer - We managed to successfully defend a smash and grab adjudication by a Main Contractor (now insolvent) for £320,000.00. With a little support from a local friendly Barrister (at a reduced fee), we successfully managed to avoid our client having to make a significant payment. It is now clear it would have been unlikely to recover given the recent insolvency of that Main Contractor (which came as a surprise to the industry).
Specialist Subcontractor - We successfully managed to help a Water Treatment Specialist recover a sum of over £36,000.00 following emergency works to a residential block in the south. Our customer had tried a debt collector before approaching us, the debt collector was given the run around as it was "construction works". We identified that the matter was suitable for the TESCA low value disputes (LVD) adjudication service limiting our client's exposure to the adjudicator's fees to £3,500.00. We were confident in our client's position and offered to carry out the work on a no win no fee, although the client elected for our fixed fee option.
There are of course, lots more examples of where we help our clients every day, many of these are resolved without the need for formal proceedings.
If you have received a payment notice or a pay less notice and dispute its content, construction adjudication may be the right option for you.
Give us a call for a no obligation chat. What do you have to lose?