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Heating and Plumbing Contractor

Challenge

Aspect were outstanding large sums of monies from an important Main Contractor Client, across 7 different schemes. They had previously believed they had reached differing settlements themselves, having to concede large sums, but even then the agreements were reneged upon.

Solution

TAL assessed the contractual status and entitlement across all 7 different contracts and any potential set off issues. A comprehensive case was then formulated for us to understand which established a robust contractual entitlement, whilst illustrating the strengths and weaknesses of the case and a clear strategy which should be adopted.

TAL presented the case in an internal briefing, in a simple easy to understand manner as it is vital that the Client has a full grasp of each position. Once the case and strategy was understood, and agreed, TAL wrote to the Client explaining our appointment and setting out the clear contractual position, entitlement and shortcomings of the Clients administration of the Payment Notices.

Outcome

This was a difficult set of circumstances and a complicated matrix of factors, however, after a tenacious negotiation TAL were able to secure a settlement across all 7 Projects that exceeded our original expectations. A Settlement Document was drafted and executed which also included a robust mechanism to deal with the final retention moiety, which was also successfully collated 6 months later.

The sign of a good resolution is when the outstanding monies are secured, the retention monies are also paid, but the Client wanting to offer further additional schemes due to the professionalism that was adopted across a difficult negotiation.