Hefty penalty overturned on appeal
Complex dispute over practical completion under the UAV 2012. A favourable settlement was ultimately reached on appeal.
The Case
During the construction of a building in Amsterdam under the UAV 2012 contract, a dispute arose regarding the practical completion. A previous lawyer had handled the case, but the outcome was not favourable. The contractor was left facing a hefty penalty and a weak negotiating position.
What Was at Stake
The financial risk was high. After the previous proceedings, there seemed to be little room left to challenge the penalty. The contractor did not have a strong case at that point.
The Strategy
I approached the case on appeal from a completely different angle. Drawing on my specific knowledge of the UAV terms and conditions, I challenged the basis for the penalty. That new perspective provided sufficient grounds to bring the opposing party back to the negotiating table.
The result
The penalty was completely dropped. A favourable settlement was reached without further escalation. The contractor was able to move forward without that financial burden.
Result
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