Resolved At Mediation - House Building Dispute, Kent

A bespoke prestige house was commissioned, based on architects’ plans at a contract value of £476K.

The project fell into delay and confusion because of incessant variations by the Employer, poor contract documents, inadequate mechanical and electrical design, inaccurate quantities and fundamental design changes.

Matters were compounded by late payment, the contractor being denied access to complete the work and failure to settle the final account, which was in dispute.

Metcalfe Briggs Surveyors was expert witness for the contractor in seeking payment, the matter being pursued in the High Court, and later referred for mediation.

The expert witness report and the evidence of Metcalfe Briggs was central to the contractor’s submission during mediation.  During mediation the Employer’s substantial counterclaim for incomplete works was dropped.  The result was that the contractor improved his position by £150K.