Arbicon ADR Ltd
RICS

Arbicon Case Studies


Arbicon have produced a number of Case Studies showing real life examples of how Arbicon can be of assistance:



Flat Conversion, Skegness

Project


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.

Client's Comments

"This was a very difficult time for us, we were victims of cowboy builders. I regret not contacting Arbicon for advice at an early stage. Arbicon helped me get justice I just hope anyone else does not have to suffer as I did, these people are still out there trading."

- Mr H

Project Overview


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!

Value

£92,000

Twickenham Rugby Stadium / CSK Electrical Contractors Ltd

Project


Representing CSK in adjudication and enforcement proceedings (CSK Electrical Contractors Ltd v Kingwood Electrical Services Ltd [2015] 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.

Client's Comments

"I couldn’t have asked more from Arbicon they helped me out from the start and did a brilliant job giving a very personal and hands-on service. The legal battle continues for justice against those involved. I would always recommend Arbicon to anyone who are seeking to obtain payment through the legal channels, a solicitor couldn't have done what they did."

- CSK Electrical Contractors Ltd

Project Overview


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.

Value

£413,876.92

Hull City FC Football Stadium / Birse

Project


Defending Main Contractor against an Extension of Time and Loss / Expense Claim for £805,000 in adjudication

Client's Comments

"Another victory for Jon "the Bayonet" Nugent!."

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Project Overview


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.

Value

£805,000

SEH Commercial Ltd - Collaborate

Project


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.

Client's Comments

"Arbicon's commercial support services are the best in the business, they have added a totally positive commercial dimension to our business in every way. Arbicon deliver exactly as 'it says on the tin', they provide contractual protection, increased cash flow and profit for SEH and are instrumental in the growth of our business."

- Glen Swatman - Managing Director for SEH Commercial Ltd

Project Overview


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.

New Kiddicare Superstore

Project


Project Management & QS in the Construction of a new 150,000 sqft combined Warehouse, HQ Offices and Retail Superstore. Contract value £6.5m

Client's Comments

"Arbicon led and acted as our agent and Quantity Surveyor on the delivery of our new major superstore and offices in Peterborough. It was no simple task, but with Arbicon's direction and contract support our building was successfully delivered at the right price. I would recommend anyone embarking on any major building project to consult Jon Nugent at Arbicon if you want it to be a success!" Neville Wright former owner of Kiddicare.com

- Neville Wright, Kiddicare.com

Project Overview


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.

Value

£6.5M

Expert Witness - Kiani Case Study

Project


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 – [2010] 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.

Client's Comments

"Jonathan gets a big thank you from us, he was very diligent and professional and put in a huge amount of work and helped us reach the conclusion to this difficult time for us."

- Tony & Lynda Kiani

Project Overview


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.

Contractor Services – David Rose Construction

Project


Arbicon have been instructed to assist with commercial advice and provide contractual advice on resolving various issues.

Client's Comments

"We have always found Arbicon extremely helpful and courteous in all of our dealings with them taking a great interest in how our company works in order to provide is with relevant contractual advice. They’ve provided timely advice on a wide range of legal issues on various construction contracts, which has helped us to remain focussed and move forward as a business."

- Tom Rose

Project Overview


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.

Contractor Services – Green Blue Urban Ltd

Project


Arbicon were instructed to assist on various Contract Reviews.

Client's Comments

"I have appreciated the detailed support and advice provided which has ensured that GreenBlue Urban are not open to unwanted liability. Support in best legal procedures and processes when liaising with client, main contractor and sub-contractors has been comprehensive and efficiently provided. We will certainly be in touch with Arbicon again when working on future construction contracts!"

- Shane Frost

Project Overview


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.

Fego Restaurants

Project


Arbicon were instructed to assist with Contract Drafting.

Client's Comments

"I’ve known Jon for a number of years in the past life working as a Contracts Manager for a construction firm, and found him extremely professional but very approachable at the same time. Arbicon have drafted Socius Projects Ltd of Appointment, which we engage all of our clients with. Their advice has always been sound and it will continue to seek their support and assistance for future requirements, whatever they may be."

- Derek Kerr

Project Overview


Arbicon assist the project manager with drafting forms of contract on an as and when basis.

Contractor Collaboration Services

Project


Ongoing various projects.

Client's Comments

"GFL use Arbicon for their QS and contract support services, which we have found invaluable. We now feel we are protected commercially from risk and bullying by Main Contractors. The cost of using Arbicon is worth every penny, my advice is if you think a professional is expensive, try employing an amateur!"

- Brendon Callen

Project Overview


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.

Adjudication – School, Wimbledon – Groundworks Contract for GFL

Project


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.

Client's Comments

"GFL have had the pleasure of engaging with Arbicon as Construction Industry Experts since 2014. Initially GFL utilised Arbicon services for commercial and contract support to facilitate our business growth model in the Civil Engineering Industry. Over time Arbicon became an integral part of GFL ensuring professionalism and continued growth. The importance of their support, methods and advice for GFL is invaluable. GFL have found Arbicon to be extremely professional, reliable, efficient and effective organisation whom we believe are the best in the industry at what they do."

- Rob Bilson

Project Overview


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.

Value

Award of £208,083.52 plus costs, interest and VAT.

Silverside Trading Ltd

Project


Arbicon were instructed by Silverside Trading Ltd to assist with a number of payment disputes, which were referred to Adjudication. The payment disputes referred included interim, Final account and retention claims.

Client's Comments

"We always recommend Arbicon to the other sub-contractors within our industry. Harvey is always pleasant to chat to and explains things in simple term, not legal-ease, and he will always be frank with you after Adjudication be paid any money owed and recoup costs. Arbicon know the industry inside and out and back to front. In the past, we have used general solicitors and paid for the privilege of getting absolutely nowhere (apart from the legal bills as well as unpaid invoices), whereas if Arbicon say we have a good chance of getting what is owed, they have always been right and we get paid so its well worth the money!"

- Diana Morgan

Project Overview


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.

Award. Values

£13,000 - £36,000 plus costs, interest and VAT.






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