Case Studies

Results That Speak for Themselves

The following case studies demonstrate the practical application of contractual knowledge, commercial management and specialist dispute-resolution expertise in construction adjudications personally conducted by Brian Moriarty MCIArb during his career.

Case Study 1 — Disputed Final Account & Variations (2020)

The dispute: A £205,000 disagreement concerning subcontract valuations, variations and outstanding contractual entitlements.

Our founder's involvement: Brian independently prepared and served the adjudication Referral, setting out the contractual basis of the referring party's claim and the supporting evidence.

The outcome: Following service of the Referral, the dispute was resolved through a negotiated settlement of £180,000, before the responding party submitted its Response and without requiring a formal adjudicator's decision.

Case Study 2 — Contract Formation & Payment Dispute (2021)

The dispute: A £127,500 contractual disagreement involving the formation of a subcontract, payment entitlements, disputed deductions and liquidated damages.

Our founder's involvement: Acting as sole Lead Counsel, Brian prepared and commenced adjudication proceedings, challenging the responding party's contractual position.

The outcome: A negotiated settlement of £107,000 was reached following service of the adjudication Referral, resolving the dispute without requiring a formal decision.

Case Study 3 — Disputed Valuations & Contractual Entitlement (2024)

The dispute: A disagreement concerning the valuation and payment of works under a cost-plus arrangement, involving complex contractual arguments and competing interpretations of established case law.

Our founder's involvement: Brian independently conducted the adjudication, preparing the submissions and challenging legal arguments advanced by the responding party, including reliance upon two established High Court authorities.

Through detailed contractual analysis, Brian successfully challenged the responding party's interpretation of those judgments, establishing that the final payment application was valid and could be considered by the adjudicator.

The outcome: The adjudicator accepted the referring party's arguments concerning the validity of the application and subsequently awarded £26,792.25 plus VAT and interest.

Case Study 4 — Payment Notices & Statutory Payment Entitlement (2024–2025)

The dispute: A substantial payment disagreement concerning the validity of contractual payment procedures and the responding party's failure to issue effective payment notices.

Our founder's involvement: Brian acted as sole Lead Counsel, preparing and conducting adjudication proceedings based upon the contractual and statutory payment provisions applicable to the subcontract.

The outcome: The adjudicator awarded the referring party £279,263.14, including interest, with the responding party also directed to pay the adjudicator's fees.

Case Study 5 — Lump Sum Contract & Final Account Dispute (2026)

The dispute: A disagreement concerning the interpretation of a lump sum subcontract, disputed deductions and attempts to retrospectively remeasure works.

Our founder's involvement: Brian independently managed the adjudication, developing contractual arguments, preparing the Referral and subsequent submissions, and challenging the responding party's interpretation of the subcontract.

His submissions also successfully challenged arguments concerning estoppel and waiver advanced by the responding party's legal representatives.

The outcome: The adjudicator upheld the lump sum contractual position and awarded £66,548.74 in favour of the referring party, with the responding party directed to bear the substantial majority of the adjudicator's fees.

Experience Applied Before Disputes Arise

These cases illustrate the importance of understanding how contractual provisions are interpreted, challenged and enforced when commercial disagreements develop into formal disputes.

That knowledge is central to BAM Consult's approach.

Having successfully argued contractual rights in adjudication, we understand the importance of negotiating and protecting those same rights before a subcontract is signed.

At BAM Consult, we apply that practical knowledge long before a dispute reaches adjudication — reviewing and negotiating subcontract conditions, advising on payment procedures and helping subcontractors avoid the commercial difficulties that so often lead to formal proceedings.

Our objective is always to prevent disputes where possible, resolve them commercially where appropriate and pursue contractual entitlements when necessary.

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