Party Representative in an Adjudication
Sussex, Surrey and Kent
Baily Garner represented Trinity Homes in a contractual dispute concerning the release of retention monies. The Employer had withheld payment due to alleged issues, prompting our client to seek advice on the most effective route to resolution. With limited experience in alternative dispute resolution, Trinity Homes relied on our expertise to guide them through the adjudication process — ultimately securing a successful outcome.
One of the primary challenges was the tight timeframe associated with adjudication. Once the Referral Notice was issued, a decision was required within 28 days unless an extension was agreed. The Employer delayed their Response, compressing the time available for us to prepare a Reply. An extension was eventually granted by the Adjudicator due to the volume of information submitted, but we still had only a few days to respond comprehensively.
Another challenge was information gathering. Our client, the contractor, had limited documentation readily accessible. To ensure we had all relevant material for the Referral Notice, we visited the client’s offices and worked collaboratively to identify and extract key project information from their records.
We advised Trinity Homes on the available dispute resolution options, ultimately recommending adjudication as the most efficient path forward. Once agreed, we led the process — drafting the Notice of Adjudication and Referral Notice, and liaising directly with the appointed Adjudicator.
Upon receiving the Employer’s Response, we quickly developed a detailed Reply, addressing all points raised. Our strategic approach and thorough preparation led to a successful adjudication outcome on all issues, securing the withheld retention payment for our client and bringing the dispute to a positive resolution.
To find out more about our work on this project, contact our Project Lead, Adam Pannell.
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