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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a JCT small works contract with my builder.We have a

Customer Question

I have a JCT small works contract with my builder.We have a dispute for a significant amount of 'extras' that were claimed post practical completion. We had a pre-mediation meeting which proved fruitless and were in the process of going to mediation. I had a point that I wanted answering as Article 7 of the contract had not been completed at all and it said that Arbitration was therefore not a course that was available under the contract. I was in the process of querying this with the builder and I received a Notice of Adjudication out of the blue and now 3 days later - a letter of appointment from an Adjudicator ! I want this matter to go to Mediation and would like to stop the hasty process that the Builder is pushing - can I do this ?. Additionally I took no legal advice upon signing the Contract and at no point was the contract explained to me by the builder. Thanks Simon
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Does the contract allow for mediation? Did you read the contract before you signed it please?
Customer: replied 2 years ago.

Hi there. Yes it does and we have had a pre-mediation meeting and I was moving towards the appointment of a mediator that had been agreed with the builder. I did not read the contract unfortunately

Expert:  Ash replied 2 years ago.
What does it say about mediation and adjudication?
Customer: replied 2 years ago.

Mediation - 'Subject to article 6, if a dispute or difference arises under this contract which cannot be resolved by direct negotiations,each party shall give serious consideration to any request by the other to refer the matter to mediation'

Adjudication - 'If a dispute or difference arises under this contract which either party wishes to refer to adjudication, the scheme shall apply except that for the purposes of the Scheme the Adjudicator shall be the person (if any) and the nominating body shall be that stated in the contract particulars.

This has now been referred via RICS to an adjudicator of their choice

Expert:  Ash replied 2 years ago.
Ok. Sadly because you didn't read the contract does not mean you are not bound by the terms. You could have not signed and taken advice or time to read it. So sorry to say you are bound.
You have an argument that mediation should be used. The fact you had a meeting shows you are serious. The fact it was referred to arbitration early could mean the builder is not serious about mediation, which is a term of the contract.
I would therefore write to the RiCS and ask that any appointment be adjourned on the basis mediation is being considered. It is a term that mediation should be seriously considered, given the fact there has been a pre meeting should mean it is concluded before anything happens.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Is there a formal style of letter that I should use when writing to RICS and are there any specified terms that I should use within the letter ?

Expert:  Ash replied 2 years ago.
No just what I have suggested aboce. Mention the term and what steps have been taken, say that the mediation process is not yet complete and ought to be to save costs and time.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex