ORJ construction partner Michael Smyth has led a substantial UK ground works contractor to a major success in two recent construction adjudication cases (conducted simultaneously).
ORJ successfully argued its client was unlawfully removed from two sites by a major national house builder. ORJ demonstrated that the termination clause relied upon by the house builder was inapplicable and established to the adjudicator’s satisfaction that the factual grounds given for removal were, in any event, either wrong or insufficiently serious to justify termination of either contract.
The adjudicator made an award that the house builder pay a total of £808,630.57 within 7 days.
Michael said, “It was really important to the client for us to achieve this award so that it could be paid for the works done during the contract. The process only took 3 months which demonstrates the great advantage adjudication has over litigation.”
Michael is now planning a subsequent loss of profit claim which his client values at more than £2.5m.
Gateley plc represented the house builder.
Michael appears regularly in the Technology and Construction Court, as well as successfully resolving adjudications and arbitrations across a wide value range.