Morecraft Drury had at first drafted a detailed account for submission to the other party in the dispute in the hope of achieving a negotiated settlement as we nearly always advocate negotiation as the best course of action to save the parties incurring further consultancy fees and the fees of the adjudicator.
However, it requires two to compromise and the other party were keen to delay matters and procastinate over caluing the account fairly. We therefore took the initiative and advised our client on the processes and procedures necessary to commence adjudication proceedings.
We produced the Notice of Adjudication and Referral documentation, sought the nomination of an adjudicator from the appropriate nominating body, drafted responses to the other party's submissions and also managed the correspondence with the adjudicator.
The decision generated a six figure additional payment entitlement and the other party having to pay 100% of the adjudicator's fees.
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