jarmilaentezari
Articles by jarmilaentezari
12 Nov 2025
Preventing Winding-Up Petitions in Construction: The Importance of Record Keeping in Payment Disputes
Payment disputes remain a recurring challenge in the construction industry, often arising from defective workmanship, delays, or incomplete performance. When such disputes are not managed with clear documentation and procedural discipline, they can escalate into serious commercial risks long after project completion.
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27 Oct 2025
Construction Adjudication Enforcement: How We Secured a £123,000 Payment Without Court Action
IMD Corporate was instructed by a contractor who had recently obtained a favourable adjudicator’s decision in their dispute with an Employer under a construction contract. The adjudicator awarded our client approximately £123,000 following a dispute over the Final Account. Despite the clear award, the Employer failed to comply with the decision. What initially appeared to be a straightforward enforcement matter soon revealed significant complications when a “Full and Final Settlement” document surfaced—one which the client had signed post-decision, without legal advice.
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4 Sep 2025
Client BH
This £150,000 dispute arose after the Employer, BHDL, failed to issue a valid Payment Certificate or Pay Less Notice in respect of Interim Payment Application 23 under a JCT Design and Build 2016 Contract. Our client, the contractor, commenced a “smash and grab” adjudication under the Housing Grants, Construction and Regeneration Act 1996 (as amended) and secured payment through the statutory regime.
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4 Sep 2025
£150,000 Construction Dispute: 5 Legal Solutions for Securing Payment under JCT 2016 Contracts
This case concerns a payment dispute between BHDL (“the Employer”) and a construction contractor (“our client”) engaged under a JCT Design and Build 2016 Contract, amended slightly to adjust key dates. The dispute highlights the critical role of statutory payment regimes under the Housing Grants, Construction and Regeneration Act 1996 (as amended) and the strategic use of adjudication — particularly “smash and grab” adjudications — in securing interim payments. The contractor’s claim focused on the Employer’s failure to issue a valid Payment Certificate or Pay Less Notice in response to Interim Payment Application 23, valued at approximately £150,000.
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6 May 2025
Client FD
This case involved a high-value dispute exceeding £857,000 between our client, a fire-stopping subcontractor, and the primary contractor, XYZ, following a fraudulent invoicing scheme orchestrated by two XYZ employees. Although our client did not retain any of the fraudulent funds and acted under duress, XYZ sought full reimbursement of approximately £124,000 in inflated invoices and withheld £550,000 in legitimate payments for completed works—later attempting to reopen all historic billing. The matter required complex financial disclosure and forensic analysis to establish our client’s lack of enrichment and entitlement to outstanding sums. After extensive negotiations, a confidential settlement was reached, with our client recovering £220,000 in instalments, avoiding costly litigation and reputational damage.
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5 May 2025
Financial Disputes in Construction Contracts: Fraud, Liability, and Recovery
This case examines a legal dispute between a subcontractor and a primary contractor, XYZ, following financial misconduct by two employees. The employees engaged in a fraudulent scheme that resulted in inflated invoices and secret profits. When XYZ discovered the fraudulent activity, it sought reimbursement from subcontractors, including our client. The subcontractor faced challenges in proving it had no financial gain from the scheme while also attempting to recover legitimate payments withheld by XYZ.
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9 Jan 2025
CLIENT OC
The £416k construction dispute was resolved in record time without going to court. IMD Corporate acted for a client who purchased an office building intending to convert it into a residential HMO. They entered into a contract with a builder for the necessary works. However, instead of a detailed construction contract typical of such projects, the parties relied on a brief two-page agreement. This lack of clarity in the contract ultimately led to significant differences in the interpretation of the work’s scope, pricing, and valuation methods.
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8 Jan 2025
How a £416k Construction Dispute Was Resolved in Record Time—Without Going to Court
The builder claimed £986,000 for the works, while our client asserted that only £570,000 was due—a substantial difference of nearly £416,000. Neither party had sought legal advice before entering into the contract, and as a result, the lack of a formal, detailed agreement contributed to the ensuing dispute.
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21 May 2024
Dispute Resolution Case Involving Equity Investment and Unfair Prejudice
Introduction This case study examines a significant legal dispute involving the founder of a successful electronics company that specialises in hair straighteners. The successful company needed more money to expand its production, so it looked for investors to buy a share of the company. However, the relationship between the founder and the new equity partners […]
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