When deciding on your strategy to defend or promote an Adjudication, would you go it alone and fight your case with minimum costs ‘team David’. Or, if finances permit, do you adopt the belt and braces approach and instruct a full legal team and Expert witnesses ‘team Goliath’,?

There are of course many variables leading to such a crucial decision, but this is the sort of decision that could result in significant cash flow problems, or even worse, in some cases, the loss of a business, and so cannot be taken lightly.

Brant Construction Quantum Experts have seen both approaches and many somewhere in between;

In terms of ‘Team David’, we have seen a senior commercial manager at a small Sub contractor, with seemingly little drafting experience, present what we believed to be an incredibly sub-standard submission and somehow persuaded an Adjudicator of the merits of its case.  We have also on many occasions, seen a similar approach fail.

Regarding ‘Team Goliath’, we have been involved in an adjudication where a Client instructed a Barrister, a Partner Solicitor, Senior Associate and an Associate, in addition to three Expert Witnesses of different specialisms. This was complimented with a full team directly from the Client, comprising of Directors, Commercial and Production staff.

So, what should you consider when choosing your team?

We believe, quite simply, that one must present the facts and contractual arguments, present them with evidence in a clear manner, and provide the Adjudicator with the clearest picture of events.

At Brant we pride ourselves in doing exactly that on the Quantum / Commercial side, whether acting as a Quantum Expert for instructing solicitors or for smaller value disputes acting directly for the Client running the adjudication.

Depending upon the complexity and merits of the dispute, we may advise the instruction of a Construction Lawyer to manage the legal, jurisdictional challenges that can surface during the process, and Brant regularly refer such matters to some of the countries most respected construction law firms.

So, we would advocate neither ‘Team David’ or ‘Team Goliath’, instead, depending upon the case, adopt a blended and common sense strategy and an appropriate team to support your business through what can be a hugely stressful and impactful time on your business.

If you have any questions about an impending adjudication, either promoting or defending, don’t hesitate to get in touch with Brant Construction Quantum Experts and we can discuss your strategy and help you to form the winning team.

Categories: Insight