The project was a £2m refurbishment scheme in central London. The contract form was JCT.
The Contractor entered into contract after a series of ‘letter of intents’ between them and the Client.
On entering into contract, the works were already in significant delay. As the project developed further, delays were incurred as a consequence of planning consents (Client’s failure to obtain) and the COVID-19 pandemic. The works were delayed by approximately 18 months, and the Client levied damages of approximately £1.2m.
Over a series of negotiations, the Contractor was hoping to reach a settlement, but as events unfolded, the Client launched an Adjudication whilst negotiations were ongoing.
The Client’s referred the right to levied damages to Adjudication, which was around £1.2m. This was on the basis that the Contractor was culpable for all delays, including that suffered before entering into Contract.
Our Director was instructed as Expert Witness to carry out an independent analysis of the actual cause of delay and extension of time entitlement arising pre-Contract and during the construction period.
We were asked to opine on the time obligations under the circumstance and determine whether the Client had the rights and was entitled to levy damages.
Our opinion was tested by the Adjudicator and the opposing Expert, and after a long-drawn Adjudication, our Expert opinion and evidence were overwhelmingly preferred against the other Expert. Our report and opinion secured the Contractor 17.5 months of extension of time.
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