Case Studies

Here are some examples of the work we do for clients. No names are provided so as to protect client confidentiality.

Dispute Avoidance

We helped a contractor to settle a row about his final account without the need to go to conciliation or arbitration. We became involved about a year after practical completion when no progress was being made and entrenched viewpoints were being taken by both the building owner and contractor. Relations between the contractor and the building owner and his design team were strained. There were differences in the extent of variations, their values and the extent of snag items.  

We prepared a risk assessment for the contractor. We supported the variations with reasoned and contractually sound arguments. We negotiated with the building owner’s QS and reached a settlement that was acceptable to all. We studied the snag list and identified which items really were snags, which items resulted naturally from the design, which items were design changes, and which items resulted from user misuse. We negotiated with the building owner’s architect and agreed a list of repairs that was acceptable to all.

The result was that the contractor was paid and the repairs were done, all within a few months of our appointment. Our client was very appreciative of the service we provided: “John, we received payment of the agreed sum from City Council last week. Thank you for all your good counsel and advice with this matter.”

Dispute Management

Example 1

In a case of risk assessment, we were appointed by a building owner to advise on the merits of a substantial claim he had received from the contractor. We prepared a risk assessment which was used by the building owner’s design team in obtaining funding from the state agency and negotiating a settlement with the contractor. The dispute was settled by agreement and the state agency funded the settlement in full.

Example 2

We were appointed by a contractor in dispute over a substantial commercial development contract. Our brief was to advise on ways to settle or fight and act as expert witness should the dispute not be settled. Despite numerous attempts to reach a compromise, the dispute went to conciliation. John Costello prepared expert witness reports on variations, delay costs, loss of overheads and profit and gave evidence at the conciliation hearing.

The dispute was not settled at conciliation and the conciliator issued a recommendation in the contractor’s favour, which was rejected by the building owner. The contractor issued notice of arbitration and we guided him in selecting an arbitrator and preparing the notice and the detailed statement of claim. We prepared risk assessments and advised the legal team on the application of some aspects of the Arbitration Act 2010 and on some case histories of building contract disputes. The dispute was settled by agreement before it went to hearing.

Our client was very pleased with the service he received: “An objective, practical service that was just what we needed.”

Expert Witness

We were engaged by a solicitor acting for a client whose building had not been completed by the contractor. The client had engaged other contractors to complete the work but there were some defects in the original contractor’s work and the cost of completing the work had been substantially more than the original contractor’s price. The claim was ultimately being met by an insurance company and the solicitor was negotiating a settlement with it but he needed input from a construction expert to collate the cost of completion, estimate the cost of repairing defects, list the shortcomings in the work of the design team and generally help him frame the client’s case in the best manner possible. John Costello prepared a series of Scott Schedules to cover these points. In due course a satisfactory settlement was agreed with the insurance company.

The solicitor in question was very pleased with our service: “We couldn't have done it without you. Those Scott Schedules of yours got us over the line.”

John Costello was appointed by a party to arbitration, shortly before the hearing, to give expert witness evidence on the value of variations and on common usage in the building industry. John prepared the reports, discussed the issues in dispute with the other party’s expert to reduce the extent of the dispute, prepared Scott Schedules for the arbitrator and gave evidence at the hearing. In due course, the arbitrator issued the award, which was in our client’s favour.

Contract Advice

We were engaged by a building contractor who was completing a job left unfinished by another builder. The price had already been negotiated by our client but he was not happy with the conditions of contract proposed by the building owner. The proposed conditions were very onerous in some areas. We advised on alternative wordings for the contract and drafted letters of compliance with building regulations. We negotiated these with the building owner’s design team and an acceptable contract was agreed and signed.

Both our client and the building owner’s design team agreed that our involvement had been very helpful: “It was a pleasure working with you.”

Testimonials

The need to ensure client confidentiality is of paramount importance and for that reason we do not identify the clients or the projects involved in disputes we have handled. Despite that, we can give you a flavour of how our service is appreciated by our clients as indicated by feedback we have been given:

“We couldn't have done it without you. Those Scott Schedules of yours got us over the line.”

“Thank you John, it was great to work with a professional.”

“John, we received payment of the agreed sum from City Council last week. Thank you for all your good counsel and advice with this matter.”

“An objective, practical service that was just what we needed.”

“It was a pleasure working with you.”

"Can you please let me no what I owe you in full amount inc Vat and I will sort for you ASAP , and thanks again for your very professional and honest opinion"