As a Contractor are you:
- Able to identify the key contract documents?
- Aware of the risks, obligations and procedures within your contract?
- Certain you are fully complying with the contract?
- Controlling both the project and contractual risks?
- Confident with your programme and any prolongation periods?
- Recovering your full financial entitlement?
- Up to date with all relevant applications and notices?
- Presenting your position in the best possible way?
- Maintaining proper records to support your entitlement?
- Confident you are fully prepared should a dispute arise?
Edge Consult provide:
- Contractual advice and support
- Commercial and contract risk reviews on your proposed and current contracts
- Design and construction planning / programming
- Monitoring and updating programmes for contract compliance
- Assistance with interim applications for payment and final accounts
- Detailed loss and expense submissions
- Comprehensive extension of time claims
- Dispute resolution services
- Party representation in adjudications
- Lessons learnt workshops and training
Case Studies
Our client, the Contractor on a design and build project, was significantly delayed on site. Despite the project being delayed by over 12 months, the Employers Agent had only granted a 4 month extension of time. As a consequence, significant liquidated damages had been deducted.
Following Practical Completion, Edge Consult worked closely with the Contractor to develop and support its case for further extensions of time. However, the Employer’s Agent still declined to grant any further time. Despite further meetings, an impasse had been reached between the parties.
Therefore, our client had little option than to refer the dispute to adjudication. In this adjudication, Edge Consult acted as Party Representative for the Contractor.
Following a number of detailed exchanges in the proceedings, the adjudicator determined that our client was entitled to a further extension of time of 63 weeks. This also impacted on the loss and expense recoverable. Further, the adjudicator decided that our client should be re-paid almost all of the damages deducted.
On a central London project, a developer sought to make a deduction from the Contractor (our client) for alleged additional scaffold costs. Edge Consult along with the Contractor, met with the Employer and his team, during which the Employer was made fully aware of the weaknesses in his case.
Unfortunately, the Employer was only prepared to listen to his representative’s advice. It soon became clear that a third party would have to determine this matter.
Edge Consult acted as Party Representative for the Contractor in the subsequent adjudication. It was decided that there was no basis to deduct the scaffold costs claimed in a pay less notice and that repayment should be made. Following a further payment cycle, the Employer re-formatted its pay less notice and increased the deduction to almost £250,000. This was mainly for alleged scaffold costs together with further preliminary costs.
In an aggressive pre-Christmas ambush, the Employer then commenced an adjudication against our client. The referral included three witness statements of fact, and numerous appendices. Working closely with our client, even with the limitations of the Christmas period, Edge Consult provided a robust defence (the Response). The adjudicator made his decision, finding completely in our client’s favour. This resulted in a repayment of the sum due, plus interest. Following this second adjudication the parties engaged in further dialogue, which led to a settlement of our client’s Final Account with no deductions made.
