Will you tell us whether our subcontract was validly terminated?
No, that is your solicitor's question: Termination Claim treats the termination as an event with a date and builds the money from it.
Updated: . By Jack Butler-Kettle, Construction Claims Consultant.
The answer
We confirm the clause your main contractor relied on, the termination date and the account rules from the signed subcontract. We value your work to that date, line by line. We test your main contractor's cost to complete against your original scope. Upgrades beyond your specification, called betterment, and work outside your scope are shown separately. If the termination was wrongful, or you terminated, we add your own loss as a separate part of the claim. It sits beside the work done, materials on and off site and retention, each rated strong, repairable or weak on its evidence. Every line traces to a filed document, and the balance is struck only as your subcontract allows. So your solicitor has the figures built whichever way validity is answered.
Example
Illustrative example. The scenario and figures are invented.
The facts
A groundworks subcontractor believes its termination was made without the notice its subcontract requires, and the main contractor has issued an account demanding payment.
What happens
- The question of validity goes to the subcontractor's solicitor.
- The termination date and the account rules are confirmed from the signed subcontract, and the work is valued to that date.
- The cost to complete is tested against the original scope, with betterment and out-of-scope work shown separately.
- The subcontractor's own loss is set out as a separate part of the claim, rated on the strength of its evidence.
The outcome
The solicitor argues validity with the figures already built, and the account is ready whichever way that question is answered.
To have the termination account built whichever way the question of validity is answered, see our Termination Claim service.