Conflict Avoidance CAP

Contractual muddle

The problem concerned contract administration, liquidation, subcontractor, damaged works.

Lee Kyson was was asked to ascertain liability for work that had been damaged during the course of construction. The Employer (E) had carried out some work himself and the Contractor (C) maintained that the E was at fault for the £9k cost of repairs.

C had gone into liquidation, the work had been carried out by a subcontractor, the original partners of C carried on with project, E had carried out some associated works himself. 

After having looked through the documents, contract and correspondence a very time consuming task, Lee ascertained that the partners of C who completed the project were liable for the costs of the repair.

However as a goodwill gesture E voluntarily contributed towards the costs.

Construction Dispute - quickly agreed settlement

Work had been suspended due to delays in implementing the final part of the Party Wall Award for the basement, this was enough to halt all the work. The Contractor put in a reasonable claim for compensation, to cover his losses. A meeting was arranged, however the Employer brought in a ‘Contract expert’ from Devon who informed the Contractor there was no provision in the contract for compensation.

The Contractor spoke to a surveyor who recommended Lee Kyson.

Lee discussed the situation, looked at the contract documents and suggested another meeting with the Employer. Based on Lee's advice, C attended a meeting with E and subsequently agreed a compensation figure of £12½k and received a 16 week extension of time.