Success at Arbitration - Residential Dispute, Kent

Our householder client had commissioned a design and awarded a contract for £241,000 for a high specification extension and refurbishment.  The contractor fell into delay and eventually ceased work.  He submitted a final account for £102,000 more than the contract sum. 

Metcalfe Briggs Surveyors was engaged by the householder and assessed the true value of the final account at £239,000.  We also determined that a substantial counterclaim of £45,000 for incomplete and low standard work was justified.

The contractor referred the matter to arbitration, during which the following issues were decided:

• Had the contract been terminated or repudiated?   Found in favour of the householder that the contract had been repudiated by the contractor.

• Should the contractor be allowed back to complete the works?  Found in favour of the householder, the contractor was not allowed to return.

• Payment due – found in favour of the householder that a substantial payment was due from the contractor to the householder.

• Standard of workmanship and completion – found in favour of the householder that there was £45,000 of incomplete or defective work.

• Damages – found in favour of the householder – general damages and costs were awarded.

Metcalfe Briggs provided detailed evidence during the hearing which formed a central part of the case decided by the Arbitrator.   Our client started with an incomplete, sub-standard project with a demand for £102,000 over budget and was facing expenditure of £45,000 to complete the works.  Success at arbitration meant our client was paid a substantial sum by the contractor and had all legal and professional fees reimbursed.  The householder was free, with funds to complete the works using alternative contractors.

Final Account Dispute - Offices London

Metcalfe Briggs Surveyors’ client had commissioned an office refurbishment to a Central London investment property but were not satisfied that a fair and reasonable final account had been arrived at with the contractor.

We were asked to review the contract documents, the tender procedures and the contract administrator’s documentation.  On site we had to review the state of completion and standard of finish of the project.  With this knowledge our objective was to come to a view on the equitable level of the final account.

Metcalfe Briggs made an inspection and reviewed all the documentation in detail.  We then discussed matters with the contract administrator and the contractor.  From this we produced an independent final account, which successfully resolved the dispute.

Resolved Out Of Court - Residential Property Kent

A building dispute had arisen between a major housebuilder and the owners of a newly purchased prestige, high value detached house. Metcalfe Briggs Surveyors were instructed by the owners to assist in the resolution of a number of issues.  Whilst the house was of very considerable size, to a very high specification and standard of design, it was let down by finishing.

Metcalfe Briggs produced a clear report, identifying all the shortcomings and the remedial action needed.  This mainly involved external joinery and decoration, external pavings and drainage levels, deflection and cracking of brick arches over window openings, cracked and damaged pre-cast stone cills and other components, non-compliant flue terminations, non-matching pointing, a very large number of scratched sealed double glazed units and boiler failure/safety issues.

We were able to establish a positive dialogue with the housebuilder, resulting in a coherent programme of work, re-housing of the purchasers during the work and eventual satisfactory completion. This was achieved without resorting to formal dispute resolution procedures or Court action.

Closing Order Averted - Victorian Terraced Building, London

Metcalfe Briggs Surveyors was asked to help clients to avoid a Local Authority Closing Order.   A central London Victorian terraced building, converted into flats many years ago, had fallen into serious disrepair externally and the original stone staircase internally had part collapsed.   The Local Authority served a Dangerous Structures Notice and subsequently initiated proceedings to obtain a Closing Order.   The landlord was also pursuing possession of the building under Section 146 of the Law of Property Act 1925.

This called for detailed involvement from Metcalfe Briggs Surveyors.  We assessed the damage and prepared a detailed specification of works.  A coherent tendering programme was defined.  Together with expert evidence our work was presented to the Court.  Ultimately we were successful in averting the Closing Order, the possession proceedings and in satisfying the terms of the Dangerous Structures Notice.

Single Joint Expert - Offices, Essex

Metcalfe Briggs Surveyors was appointed as Single Joint Expert in a dispute being heard in the County Court, involving an office refurbishment.  A Single Joint Expert acts on behalf of both parties in dispute, acting impartially to consider all material facts, in his area of expertise.  He delivers to the Court an independent report with a duty that the facts stated in the report are true and that the opinions expressed are correct.

Our expert’s report dealt with matters of completion, standard of workmanship, alleged defects, proposed remedies for those defects and loss to the Employer due to delay and disruption.

Our report concluded that the works were completed to an acceptable standard, subject only to minor snagging.  The dispute was resolved amicably between parties.

Resolved At Mediation - House Building Dispute, Kent

A bespoke prestige house was commissioned, based on architects’ plans at a contract value of £476K.

The project fell into delay and confusion because of incessant variations by the Employer, poor contract documents, inadequate mechanical and electrical design, inaccurate quantities and fundamental design changes.

Matters were compounded by late payment, the contractor being denied access to complete the work and failure to settle the final account, which was in dispute.

Metcalfe Briggs Surveyors was expert witness for the contractor in seeking payment, the matter being pursued in the High Court, and later referred for mediation.

The expert witness report and the evidence of Metcalfe Briggs was central to the contractor’s submission during mediation.  During mediation the Employer’s substantial counterclaim for incomplete works was dropped.  The result was that the contractor improved his position by £150K.

Criminal Prosecution Avoided - Listed Building Refurbishment Kent

This case involves a Grade II* Listed Building.   Metcalfe Briggs Survyors’ client was sympathetically refurbishing the property which had been purchased in a neglected condition when the Local Authority conservation architect intervened.   Despite the fact that the works were repair and did not need Listed Building Consent, the conservation architect acted in an obstructive and vexatious way, effectively preventing work from continuing, and leaving the property vulnerable to further damage and decay.

Every attempt at constructive dialogue failed and finally, despite assurances from the Local Authority to the contrary, the householder was subject to criminal prosecution on the grounds of 12 counts of unauthorised alterations to a listed building.

With help from Metcalfe Briggs, the prosecution was successfully defended on all counts, with the Local Authority evidence and conduct being discredited and the householder being free of a criminal record.