Arbicon have produced a number of Case Studies showing real life examples of how Arbicon can be of assistance:
Providing an Expert Report on an abandoned building contract to assess the value and quality of work done by the erstwhile builder; followed by prosecution of the builder for damages and the overpayment made in successful adjudication proceedings. The contract work comprised the conversion of a guest house into 6 self-contained flats in the seaside resort of Skegness.
It was important to establish the builders repudiatory breach so that damages could flow, it was also essential that a detailed Expert Report on the value and quality/incompleteness of the work was carried out, which Arbicon also did in an Expert Report, recording everything contemporaneously. The prosecution of the claim for the evident overpayment was then easily proved and executed successfully in adjudication. The job was the typical result of a Client not using professional advice. As QS, such as Arbicon, would have implemented a proper contract and cost control system avoiding the serious problem of overpaying the builder. The Client unwittingly paid almost £92,000 of a £110,000 contract 84% paid when only 30% of the work was done. The builder was the type you see on rogue TV and will almost certainly have a villa in Spain!
Representing CSK in adjudication and enforcement proceedings (CSK Electrical Contractors Ltd v Kingwood Electrical Services Ltd  EWHC 667 (TCC) 11th March 2015) for non-payment for Electrical work carried out at Twickenham Rugby Stadium prior to the Rugby World Cup in 2015 from subcontractor Kingwood.
CSK were not paid deliberately. Kingwood had no defence and also failed to serve any Payment or Payless Notices on the two contracts they engaged CSK on. Arbicon ran two adjudications simultaneously on the argument of Default Payment Notices were served and due. The adjudicator agreed and awarded the whole claim against Kingwood, who it is known received a downstream 7 digit payment for the electrical works from the main contractor Shepherd. CSK were forced to enforce the Adjudicator’s awards and were awarded £413,876.92 by the TCC (High Court) including all costs and interest. Kingwood then declared bankruptcy and never paid, which caused the eventual insolvency of CSK, who suffered terribly from this case. For all those who went to the last Rugby World Cup at Twickenham and forevermore spare a thought for the people who put the electrics who were not paid. The case attracted interest from the legal world too on the use of blacklists in adjudication following a case called Eurocom. It was not conclusive, but illustrated that the blacklist would be treated differently by the Court, if put differently to the Nominating Body. That is as a preference that the blacklist be taken into account rather than a fraudulent declaration to a question about exclusions on conflicts of interest.
Defending Main Contractor against an Extension of Time and Loss / Expense Claim for £805,000 in adjudication
The dispute involved a legal argument on intention over which programme or programmes applied to a project after it had been completed. Although the project finished on time The M&E subcontractor considered it had been delayed and disrupted and had suffered losses of circa £805,000. An adjudication was commenced on what programme applied; however, the contract had been signed at completion of the works, which incorporated a programme. It was argued by the subcontractor that the contract programme did not happen and the programmes they recorded were correct and showed the delays claimed. If a contract is signed it has retrospective effect and that was found to take precedence so there was no claim. There were no merits in any event as the subcontractor failed to deliver its design and procurement on time so it was doomed in any event. The claim was dismissed thus a significant victory for the Client.
Providing Quantity Surveying and Commercial services for numerous windows contracts. Includes contract negotiation/advice, valuations, variations, contractual advice, dealing with day to day issues and agreeing Final Accounts.
Arbicon handle over £6m of commercial window contracts for the well known window contractor SEH including The Grand Hotel at Brighton amongst many other prestigeous projects. Arbicon negotiate with main Contractors on new projects where often difficult subcontract terms are procured. Arbicon ensure that the nasty clauses are deleted and that the price, time and scope of the contract is clear before the start. The scope of services provided post-contract is typically as set out in the Arbicon collaborate section, but briefing includes contract and document management (Notices, etc), cost control, valuations, variations, EOT, loss & expense payment, cash flow, Final Acounting, issue resolution including expert negotiation and, if necessary, adjudication. The service also effectively provides commercial representation in key meetings and ensures positive goals and outcomes for SEH in terms of professionalism, good Client relations, prompt payments, maximum cash flow and profit, variation recovery, protected/optimum contractual rights and accurate and complete records. All inherent components enjoyed by the successful business that SEH are.
Project Management & QS in the Construction of a new 150,000 sqft combined Warehouse, HQ Offices and Retail Superstore. Contract value £6.5m
As part of Kiddicare's expansion and online retail business, Kiddicare procured a new HQ in Cygnet Park, Hampton, Peterborough, which served as a warehouse, offices and showrooms over three floors. The building can be seen dominating the skyline from the main route into Peterborough at Hampton. Arbicon had assisted Kiddicare with problems on its previous building in Werrington and were engaged to ensure there were no problems with the new one in Hampton. Arbicon were engaged to develop the contract, negotiate terms and prices and procure a signed deal that fully protected the interests of the Client. Arbicon were then engaged in dealing with the construction and delivery of the building, contract management and cost control of the works to completion. The primary building was a fairly straightforward concrete, steel and cladding structure with external works, but it also involved major mechanical and electrical engineering to meet the demands and scale of warehouse, showrooms and offices which house extensive IT equipment for a major online retail business. All of which was delivered by Arbicon for the Client without issue.
In a dispute about the split of costs and spoils in eight housing development agreements costing circa £2.2m and in the one of the largest cases in the High Court (TCC) in 2013, Jonathan Nugent was appointed as a Quantity Surveyor Expert Witness for Kiani. Kiani v Cooper and others –  All ER (D) 97 (Jul) is famous for setting a precendent for derivative claims in Company law, the follow on from this case between the parties was issued in the High Court (TCC), lasted for some two years and was set for a 20 day hearing. Eight reports were required for each development, which analysed the costs incurred for each site. The process involved interim report preparation, meetings, final reports and joint statements submitted including numerous management hearings in Court with the Kiani team, cumulating in a 20 day trial.
A long winded and difficult case where each development had to be analysed against vast numbers of alleged invoices and charges in an attempt to verify or dismiss costs as being relevant to each development and then in the correct proportion. The analysis was then compiled into eight expert reports, which then had to be discussed with the other party's Expert, narrowed down, revised and ending in a Final Statement. The process suffered with a lack of co-operation and obstacles against progress and every aspect of acting as an Expert was experienced. The vast detail in the expert reports submitted led to the case being settled mid-trial.
Arbicon have been instructed to assist with commercial advice and provide contractual advice on resolving various issues.
Arbicon are instructed on a as and when basis to deal with matters of project administration providing “keyhole“ advice to resolve problems that arise, enabling David Rose Construction to remain focussed and move forward with their business positively.
Arbicon were instructed to assist on various Contract Reviews.
Arbicon were instructed to carry out contract reviews on a number of projects. Arbicon provided detailed support after careful analysis ensuring that GUL are not open to unwanted liability. This has allowed GUL to efficiently grow as a business as Arbicon secured problem free management of the works through continued comprehensive support.
Arbicon were instructed to assist with Contract Drafting.
Arbicon assist the project manager with drafting forms of contract on an as and when basis.
Ongoing various projects. 4-5 million per annum
Arbicon are a major part of the commercial department- Project QS services, Measurement, Valuations, Variations, Cost Reporting, Contract procurement, Negotiations, Dispute resolution and protection, Contras, LOI’s, Warranties, Retention, Programming, Payment and Adjudication, Contras, Loss and Expense, EOT and Profit and cost flows.
Arbicon were instructed to refer a payment dispute under a contract between GFL and Primus to Adjudication resulting in an award of over £208,083.52.
Payment issues arose on a contract for a school in Wimbledon between GFL and Primus where GFL provided groundworks. A dispute arose over Primus’ failure to value and certify works correctly. Arbicon were instructed to refer the matter to Adjudication pitted against a large firm of London Lawyers acting for Primus, they were no match against Arbicon’s superior QS/ Claims Consultant expertise and GFL easily won most of what was claimed.
Award of £208,083.52 plus costs, interest and VAT.
Arbicon were instructed by Silverside Trading to assist with a number of payment disputes, which were referred to Adjudication. The payment disputes referred included interim, Final account and retention claims.
Arbicon were employed to deal with several disputes including failure to pay retention money and interim payments in various subcontracts executed by ST. Arbicon used negotiation and Adjudication to obtain sums in full by default of between £13,000 and £36,000.
£13,000 - £36,000 plus costs, interest and VAT.
Arbicon were instructed by DM Electric ltd to assist with the recovery of sums owed from a homeowner for non-payment of invoices raised for works carried out.
DM Electric Ltd carried out first fix electrical work on a refurbishment project and rendered its invoice on completion of the first stage. The client failed to pay and made unfounded allegations to the quantity of works. Arbicon were successful in negotiating a full and final settlement offer.
Renovation works at Porchester Gate, Bayswater Road, London. – JCT ICD Contract – Value - £666,616.
A payment dispute arose with monies owed to our Client Collins Contractors. The opposing party continued to breach non-payment with no intention of settling the final sum. The contract was then terminated by our Client for non-payment and the matter was taken to Adjudication. Arbicon successfully argued the validity of the termination and obtained all the sums due including all Retention which become due after Termination.
Awarded £43,976.60 plus Adjudicator costs