Contractor Administrator v Employer 2010
Terms of the Contract; Breach of Contract; Tort of Negligence; Supply of Goods & Services Act 1982
The Consultant commenced litigation proceedings against the Employer for unpaid fees in respect of work completed. It was accepted by the Employer that fees were owed to the Consultant. However, a counterclaim for alleged certification of payment for defective works undertaken by the Contractor was issued by the Employer.
It was ordered by the Court that the parties exchange expert evidence and attend mediation to resolve the dispute and avoid further cost.
Cap X Solutions provided Witness of Fact services, assisting counsel by the production of a witness statement. The mediation was attended by Cap X Solutions and verbal statements given during the hearing.
Settlement was agreed in the mediation, since the amount in dispute was substantially less than the cost in continuing with the claim and counterclaim at trial.