Bell Lax were instructed by a large construction company who were the main contractor in a multi-million pound JCT design and build contract. A number of years following completion of the works, water ingress into the building became apparent.
The claim involved a number of complex issues including limitation of claims, concurrent damage and a Contribution Act claim.
The employer initially brought a claim against our client for negligent design and workmanship in the High Court. One of Bell Lax’s solicitor advocates, successfully persuaded the Court that as the contract contained an arbitration clause the matter should instead be dealt with via arbitration. This meant that the employer was unable to proceed with certain allegations against our client as they were now out of time.
Bell Lax’s client argued that the cause of the water ingress related purely to negligent design which they had subcontracted to a separate firm of architects. The client brought a counterclaim against the architects for a contribution towards any sums paid. Bell Lax negotiated a settlement of the initial claim with the employer and proceeded solely with the contribution claim against the architects.
The architects argued that the problems of water ingress were solely due to poor workmanship and not negligent design. However the claim settled to our client’s satisfaction following negotiations shortly before a 5 day arbitration.
