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If you run our final account dispute, who decides whether to settle?

You do: whether an offer is taken is always your decision, and the settlement wording goes to your solicitor before you sign.

Updated: . By Jack Butler-Kettle, Construction Claims Consultant.

The answer

Before any figure or concession goes to the other side, we agree three numbers with you in writing: your opening, your expected outcome and your walk-away. Every round is then measured against the floor you set. We write and record each round, and trade concessions for movement rather than giving them away. Each head carries its evidence and its realistic range, so you can see what an offer gives up. When a settlement is reached, the agreement deals with every head by name. That includes any head conceded at nil and both halves of retention, so nothing is left to argue about later. The release in it goes to your solicitor. Where a head will not move and the sums justify it, we build the money side of an adjudication on that head for whoever runs it.

Example

Illustrative example. The scenario and figures are invented.

The facts

A subcontractor's final account dispute is going into negotiation, and its two directors want to know who will make the call on any offer.

What happens

  1. Before the first meeting, the directors agree in writing an opening of £285,000, an expected outcome of £240,000 and a walk-away of £215,000.
  2. The main contractor offers £205,000, below the walk-away, and the directors decline it.
  3. A later offer of £238,000 is put to the directors, who accept it.
  4. The written settlement lists every head, including both halves of retention, and goes to their solicitor before anyone signs.

The positions in figures

ItemAmount
Opening£285,000
Expected outcome£240,000
Walk-away£215,000
First offer, declined£205,000
Offer accepted£238,000

The outcome

Every decision on an offer was the directors' own, measured against a floor they set before the talking started.

To have your account rebuilt and negotiated against a floor you set, see our Final Account Claim service.