Adjudication and settlement of disputed M&E subcontractor’s final account and counterclaims

We acted for our client in relation to a disputed final account and contra charge claim with its mechanical and electrical subcontractor. The claim arose from a project for the refit and refurbishment of a landmark building in London.

As difficulties with the project had unfolded, we had initially provided project support to our client in connection with its obligations under the subcontract, to advise our client on tactics and approach as the situation developed and to put it in the best possible position ahead of the final account dispute.

Having fended off the risk of our client’s exposure to a “slam dunk” adjudication, we then acted for our client in responding to the substantive final account adjudication.

Whilst faced with significant evidential difficulties on certain aspects of the claim, we steered matters to a point where an overall financial settlement was concluded on favourable terms, avoiding the costs and client’s management time of dealing with a series of further adjudications on issues outside the scope of the subcontractor’s referral.

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