Arbitration Dispute Response Guide

Summary

When responding to legal counsel insisting on arbitration, attach the investigation outcome on what their client is owed. If they disagree, request a detailed breakdown of the costs claimed. Clarify that the assessment is based on likely resources and hourly rates, and note that the contractors claim includes unapproved procurement. State that the contractor sought funding due to an inability to fund procurement and that anticipated actions cannot be paid for. Finally, assert that arbitration remedies are inapplicable when a contract is null and void.

Full Conversation

I want to write a very brief response to legal counsel where they insist on proceeding to arbitration. My response must state that attached is the outcome of investigation on what their client is owed. should they not be happy with our assessment they are welcome to provide us with a detailed breakdown that clearly indicates the costs they allude to as being owed. Secondly state that when a contract is null and void between the parties the remedies for arbitration are no longer applicable
Dear [Legal Counsel],
Attached is the outcome of our investigation on what your client is owed. If you disagree with our assessment, please provide a detailed breakdown of the costs you claim are owed. Additionally, when a contract is null and void, arbitration remedies are not applicable.
Best regards,
**** ****
but you have not made it legal in any instance,
Hi ****,
To ensure your response has a more formal legal tone, you can consider the following revised version:
---
Dear [Legal Counsel],
Attached herein, please find the outcome of our investigation regarding the amounts allegedly owed to your client. Should you dispute our findings, you are welcome to provide a comprehensive breakdown substantiating the costs claimed.
Furthermore, please be advised that in instances where a contract is deemed null and void, the provisions for arbitration are rendered inapplicable.
Best regards,
**** ****
---
Would you like any additional information or assistance with this matter?
this is good , thank you
You're welcome, ****. If you have any further questions or need additional assistance, feel free to ask. Is there anything else you need help with regarding this legal matter?
I want to add to this narrative that the assessment attached is based on a review of the likely resources and their hourly rate. further, the contractor's provided claim shows procurement of materials , that in fact had not been approved ( as design would have been based on client approval) and as such had not been initiated. It can not be reasonably deducted that the Contractor is entitled to such claim, as the inability to fund such procurement was the reason they had sought to obtain a facility from FNB, as well as an advance payment from COENG. We cannot pay for anticipated actions.
Sure, ****. You can incorporate that information as follows:
---
Dear [Legal Counsel],
Attached herein, please find the outcome of our investigation regarding the amounts allegedly owed to your client. Should you dispute our findings, you are welcome to provide a comprehensive breakdown substantiating the costs claimed.
Please note that our assessment is based on a review of likely resources and their hourly rate. The contractor’s claim includes procurement of materials that had not been approved, as the design would have required client approval, and thus had not been initiated. It is not reasonable to deduce that the contractor is entitled to such a claim. The contractor sought to obtain a facility from FNB and an advance payment from COENG due to an inability to fund such procurement. We cannot pay for anticipated actions.
Furthermore, please be advised that in instances where a contract is deemed null and void, the provisions for arbitration are rendered inapplicable.
Best regards,
**** ****
---
Would you like any further modifications or additional information?