Holmes & Hills Solicitors' specialist Construction Team was approached by a scaffolding contractor for advice and representation in respect of a main contractor who was failing to make payments.
The scaffolding company had entered into a contract to provide services relating to a refurbishment of a large block of flats. In exchanges of communication prior to engaging the scaffolding contractor, the main contractor was attempting to impose their terms and conditions. The main contractor's terms provided for a final account being paid six months after practical completion. This and other terms were not acceptable to the scaffolding contractor, who wished to engage the main contractor based on the scaffolding contractor's own terms.
Having previously dealt with and attended training provided by Holmes & Hills' team of Construction Law solicitors covering scaffolding contracts, terms and conditions, negotiations and exchange of variations, the Client issued the main contractor with a quotation accompanied by the scaffolding contractor's terms and conditions. The main contractor accepted the quotation.
Subsequently, the main contractor issued their terms and conditions which were expressly rejected by the scaffolding company, with it being reiterated that the scaffolding contractor's terms and conditions would apply. Shortly after starting on site and during the first month of the contract, the main contractor began referring to their terms and conditions.
Payments were not made by the main contractor to the scaffolding contractor and when it came to the Final Account, the main contractor stated the scaffolding company was not due anything for six months and even then it would be nil.
Holmes & Hills Solicitors advised the client on their position and represented them in making an Adjudication claim for the full amount owed as under the scaffolding contractor's terms. The Adjudication was defended by the main contractor and their legal representation, however the Adjudicator agreed with Holmes & Hills' legal arguments and that the scaffolding contractor's terms applied. A settlement of 90% of the Final Account was paid to the client.
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