Onstruction Law, Contracts & Dispute Resolution

The task is a professional style report, referenced appropriately, relating to the contractual remedies and practical solutions which may be available to the project team in the event of a substantial delay caused by an unexpected issue on site.
Introduction:
You are on the legal services team of a QS firm, recently appointed to advise a contractor relating to a dispute on a project for the construction of a substantial out-of-town hypermarket.
For some time the Contractor has been in discussions with the employer regarding the contract administratori??s (CAi??s) assessment of time relating to a substantial number of variations, general delays and bad weather. The contractor considers that the extension of time allowed by the CA is inadequate. They have correctly carried on working and completed all the work (including the varied works) in accordance with the contract, resulting in a delay of twelve weeks beyond the extended completion date. The contractor is nearing completion of the works and the CA has made it clear that he will issue a notice of non-completion and deduct liquidated damages at the rate of i??25,000 per week as provided in the contract.
The contractor has issued several notices under the contract requesting the relevant events and relevant matters are properly assessed for the purpose of adjusting the completion date for the works and they have submitted claims for both the time and costs associated with carrying out the varied and disrupted work. Each time the CA, on behalf of the employer, has replied that they do not consider that the contractor has the grounds to claim and insisted that the contractor continue with the work in accordance with the contract provisions.
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Your task will be:
1. Prepare a report to the contractor who has engaged you, advising him of his options and giving advice on the validity of his claim(s). You may make any reasonable assumptions in terms of the details of the above scenario, but make a list of any assumptions (create a telephone call/e-mail log etc perhaps).
2. Draft a formal notice of [intention to seek] adjudication in letter form in accordance with the provisions of the Scheme for Construction Contracts, referring correctly to relevant sections of the HGCRA 96 & the SCC 98.
3. The contractor has issued the notice of adjudication which you drafted for them and received acknowledgement of receipt from the employer. The response goes on to deny the existence of a dispute on the grounds that the CA has properly assessed the extension of time in accordance with the contract documents. The contractor (your client) is concerned that the employer is trying to avoid going to adjudication. Write a brief report to the contractor outlining the implications of this situation, referring to case law and the practical issues which should be considered.

Added on 29.01.2015 08:02
Reading / References:
This is a professional report style, so there is unlikely to be a substantial amount of academic referencing although you will need to refer to contract clauses.
Any academic references you use should be properly cited and referenced in accordance with the Harvard APA method.

Added on 29.01.2015 08:09
Reading / References:
This is a professional report style, so there is unlikely to be a substantial amount of academic referencing although you will need to refer to contract clauses.
Any academic references you use should be properly cited and referenced in accordance with the Harvard APA method.