Recent successes in adjudication of construction payment claims

Our construction litigation team including Tony Mylne and Andrew Lambros has successfully resisted two payment claims from a contractor seeking unjustifiable claims for delay, payment for contract works and variations. The claimant was directed to pay the full costs of adjudication. The following is a note regarding the latest of these matters.

The Facts

The contractor sought $5 million as part of a claim for contract works and delay costs. The delay claim was said to have been supported by notices of delay which were claimed to have been served upon the superintendent.

The contract works detailed in the payment claim were said to have been completed in a general sense but only relied upon the same description of that work said to have been completed in the previous month, using a percentage complete to arrive at a figure claimed.