Mediation Case Studies
The Problem – Construction disputes can become very complicated as the claimants (charity) in this matter found out. They had raised monies through charitable sources to have their multi use building / centre refurbished, they brought a claim against the defendants (construction company) for defective workmanship / goods not fit for the purpose, an overall poor construction as they alleged the specifications and drawings did not reflect the refurbishment they ended up with, they sought for rectification of the work and damages limited to £70,000.
The Solution – The defendants advised that they had followed the brief fully, there were some discrepancies which they raised with the claimants time and time again, to which they got incorrect or incomplete instructions which caused delay as well as some of the errors.
After a tense day of negotiations the defendants agreed to rectify their mistakes alongside the snagging list and pay 80% of the claimants legal fees, the claimants realised that their approach could have been better and paid the defendants £15,000 towards rectifying issues which were ultimately down to the claimants for going wrong.
- The mediation took 1 day compared to the 8 months this construction dispute had already gone on.
- The mediation cost each party £950.00 each compared to the thousands they had already spent on legal fees and the thousands they would have had to spend had they continued with Court action.