We acted for a limited company who were facing a substantial claim from an engineering and construction company for alleged breach of contract. We were instructed to defend the claim and after assessing the legal position we were able to demonstrate that it was, in fact, the other company who were in breach of contract for failing to comply with termination provisions in the NEC Standard Form of Contract.
Our client was concerned that if we did not put pressure on the other company to pay what was owed to them, there was real risk that they would not get paid at all. We acted quickly and issued a winding up petition within a matter of days, as there was no time to go through an adjudication or issue proceedings in the Technology and Construction Court. The issue of a winding up petition imposed sufficient pressure to enable a settlement to be reached.
This case was notable due to the nature and speed of the turnaround with resolution achieved in just over a month.