A JCT Design & Build Contract 2016 Edition was entered between the two parties, with our Client being the Contractor and the other Party being the Employer.
Our Client was naturally pleased with such a scenario, given the Resources available through their association with the Larger Entity.
The proposed profit to each would be €1.6m should each party fulfil their respective roles.
Our Client Built the Development from a field to Completion, but along the way, the Employer rearranged the numerous Kitchens, making them larger, and instigated associated Building changes via the Project Architect.
The cost of these changes was in the region of 500k. The Employer attributed these costs to our Clients because, as they saw it, it was a D&B Contract, and therefore, the Design brief liability lay with the Contractor and not the Employer.
The Employer went on to offer a 50/50 split on these costs, suggesting an improved GDV with the project, but we were able to negotiate full remuneration for our Client before litigation by proving that legally, we would succeed and gain the maximum Costs because we issued the Cost Warning as part of our legal claim.
We illustrated Reason every step of the way, took away the fog of the legal dispute, and saved a small fortune on litigation. A Contract is in place to protect both parties.
