THE ALTERNATIVE DISPUTE RESOLUTION SPECIALISTS FOR REPRESENTATION IN ADJUDICATIONS, ARBITRATIONS AND MEDIATION.

As principal Director of the company Mark Atherton has over 30 years of experience working within the Building and Civil Engineering both in the UK and Overseas. Mark is dual qualified as a Chartered Surveyor and Lawyer having completed the Bar Professional Training Course (although he does not practice as a Barrister) enabling him to provide both practical commercial and legal advice.

Mark has provided contractual advice on a wide range of major projects in the UK and abroad up to £10bn in value including: power; signalling and communication systems; airports; water treatment; rail projects; and shopping centres. Forms of contract encountered include JCT, NEC, GC Works1, IChem E, ICE, FIDIC and numerous bespoke client forms of contract.

Previous speaking engagements include: RICS CPD conferences (JCT updates/Construction Act), CIArb Southern Branch, SCL and CIOB and various seminars on contractual issues for clients including adjudication & design liability.

MARK ATHERTON
BSC (HONS), FRICS, FCIARB, DIP ARB, DIP ADJ, DIP LAW
ACCREDITED MEDIATOR, BPTC (CALLED TO BAR)

ABOUT

CASE STUDIES

CONTACT US

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Drafting and Vetting Contracts

WE PROVIDE PERSONAL AND PRACTICAL CONTRACTUAL ADVICE TO OUR CLIENTS, FOCUSING ON THE MANAGEMENT OF RISK AND THE AVOIDANCE AND RESOLUTION OF CONSTRUCTION DISPUTES.

OUR SERVICES INCLUDE:

• DRAFTING AND VETTING CONTRACT TERMS - INCLUDING IDENTIFICATION OF KEY RISKS AND DRAFTING BESPOKE FORMS OF CONTRACT.
• PREPARATION AND EVALUATION OF CLAIMS.

• REPRESENTATION IN ADJUDICATIONS, ARBITRATIONS AND MEDIATIONS.

• MEDIATION APPOINTMENTS.

• EXPERT REPORTS.

• TRAINING AND WORKSHOPS ON CONSTRUCTION CONTRACTS AND CONTRACT LAW TO EMPLOYERS, CONTRACTORS AND
SUB-CONTRACTORS.

London Shopping Centre

Role: Representation of Contractor in Adjudication

A Contractor had over a £100,000 outstanding in respect of a final account. Requests for meetings were declined by the employer and purported contra-charges had been raised and deduced from the account. Adjudication proceedings were commenced on behalf of the Contractor by ADR and payment in full was ordered plus interest.

Multiplex Cinema Retail Units and Car Park

Role: Representation of Sub-Contractor in Adjudication

A Sub-Contractor received a Notice of Adjudication from a Main Contractor for a claim in excess of 250,000 due to alleged delays on the project. A defence to the claim was prepared by ADR and an analysis of the critical programme delays and other concurrent delays by the Main Contractor revealed that no delay had been caused by the Sub-Contractor. Accordingly the adjudicator decided that Sub-Contractor had no case to answer and the claim was dismissed with costs to the Referring Party.

Housing Development

Role: Provision of advice in relation to defective design

A dispute had arisen as to liability for defective design on the project and the ensuing delays caused. Following a review of the contractual obligations and provision of advice by ADR , the parties were able to reach a negotiated settlement.

New 60,000sqft warehouse, and two storey office block

Role: Representation of Sub-Contractor in Adjudication

A dispute had arisen on the value of a Sub-Contractor’s interim application. The matter was referred to adjudication by ADR on behalf of the Sub-Contractor who received payment of an additional £150,000 plus interest.

Social Housing Maintenance and Refurbishment Framework

Role: Representation of Contractor

A dispute existed on the contractual interpretation of the contract. The matter was referred to adjudication and the adjudicator granted the declaration sought in favour of ADR’s client. The parties were subsequently able to resolve their differences resulting in a payment to ADR’s client of circa £500K.

T: 07599 007568

E: adrltd@adrconsultants.co.uk

Atherton Dispute Resolution Ltd (ADR Ltd)

The Hollies, Barrow Hill Road, Copythorne

Southampton, Hants, SO40 2PH

Registered in England & Wales Company Number 9415031

Registered Office same as Trading Address

TESTIMONIALS

“Would just like to say many thanks for the help you have given us this year, we certainly wouldn’t have achieved such a great outcome had you not been involved.”

“I just wanted to thank you for your excellent help - you came very highly recommended and did not disappoint.

They have decided to put the matter to rest, 'shake hands' and walk away. They will send confirmation tomorrow.

I cannot express how truly thankful I am, and on behalf of my business partner I am also expressing huge gratitude.

More than happy to recommend you in the future. Now for a glass of wine, I am so incredibly relieved!”

“Thanks again for representing us last week, it was a great result.”

““May I take the opportunity in thanking you for your professionalism and doggedness in bringing this account to a very satisfactory conclusion.”

“Would just like to thank you all for attending yesterday and for bringing to the table a great defence.

I have literally just completed the final account, a much better result than we first imagined, so again, thanks for your help.”