At Damian James, we don’t often act as party representative in adjudication, but a long-standing client recently asked us to.
Our work focuses primarily on delay and quantum expert commissions in arbitrations. So preparing demands, notices and referrals in the adjudication process was a little like going back in time.
However, acting in adjudications and arbitrations has allowed us greater insight into the skill levels required. Skills not only in drafting but in the evidential burden that must be met.
In this particular matter, the dispute centred around an outstanding account of £3,000,000.00. Non-payment arising from several issues.
Positive Adjudication Outcome
We are happy to report that we secured £2,900,000.00. That represents all but £100,000.00 of the outstanding £3,000,000.00. Payment is complete, avoiding any enforcement challenges.
The new lessons learnt were numerous.
- Settling disputes is preferable to clients, rather than referring them.
- However, sometimes clients have no option other than to refer.
- Referring disputes requires careful compliance with procedure.
- Drafting referrals requires concise use of language.
- Managing timescales is essential.
- Politeness, courtesy and courage will help maintain your focus.
- Work with the right people.
- Communication with your client and ensuring understanding is essential.
- A willingness to learn and develop in the process is important.
- Manage your client’s budget and expenditure correctly. Do not make cost a barrier to referral.
Of course, there are many more, but this was our experience.
Supporting Counsel
Finally, working with Chantelle Humphries on this matter ensured that we were supported and that we understood the process and challenges, without her, success would not have been guaranteed.
We don’t often act as party representatives but when we do, we do it correctly and we succeed.
If you wish to discuss any matters of dispute that you have, that are incapable of settlement, then please do contact us, we may be able to help.