Nicholas Paszek
Articles by Nicholas Paszek
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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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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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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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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31 Mar 2024 Strategic Resolution of Construction Disputes: Insights from a Balcony Quality Conflict
This analysis delves into a legal dispute involving a metal fabrication company tasked with producing balconies for a high-rise residential accommodation project. The controversy centered on the quality of the work, specifically whether the issues stemmed from a design defect or a manufacturing defect. Through adept legal strategy and mediation, the case was settled without […]
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25 Mar 2024 Navigating the Correct Steps to Dismiss Directors of a Company (Companies with Model Articles of Association)
Get in touch with our corporate lawyers in the UK and call us on 0330 107 0106 to arrange a free no no-obligation call or request a free quote. In the intricate web of corporate governance, the removal of directors is a process often fraught with potential pitfalls. Many company stakeholders, whether due to ignorance or oversight, may not adhere to […]
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