Success at Arbitration - Residential Dispute, Kent

Our householder client had commissioned a design and awarded a contract for £241,000 for a high specification extension and refurbishment.  The contractor fell into delay and eventually ceased work.  He submitted a final account for £102,000 more than the contract sum. 

Metcalfe Briggs Surveyors was engaged by the householder and assessed the true value of the final account at £239,000.  We also determined that a substantial counterclaim of £45,000 for incomplete and low standard work was justified.

The contractor referred the matter to arbitration, during which the following issues were decided:

• Had the contract been terminated or repudiated?   Found in favour of the householder that the contract had been repudiated by the contractor.

• Should the contractor be allowed back to complete the works?  Found in favour of the householder, the contractor was not allowed to return.

• Payment due – found in favour of the householder that a substantial payment was due from the contractor to the householder.

• Standard of workmanship and completion – found in favour of the householder that there was £45,000 of incomplete or defective work.

• Damages – found in favour of the householder – general damages and costs were awarded.

Metcalfe Briggs provided detailed evidence during the hearing which formed a central part of the case decided by the Arbitrator.   Our client started with an incomplete, sub-standard project with a demand for £102,000 over budget and was facing expenditure of £45,000 to complete the works.  Success at arbitration meant our client was paid a substantial sum by the contractor and had all legal and professional fees reimbursed.  The householder was free, with funds to complete the works using alternative contractors.