--- title: Case Studies Individual | Node Building Consultancy description: providing post landlord schedule of dilapidations services claim negotiation services for the tenant to mitigate alleged dilapidations liability Birmingham image: https://www.nodebuildingconsultancy.co.uk/hubfs/Logo/Node_logo_rgb%201.svg --- [![Node Branded Logo Square](https://www.nodebuildingconsultancy.co.uk/hubfs/Node_logo_rgb%201.webp)](https://www.nodebuildingconsultancy.co.uk/?hsLang=en-gb) - [Services](https://www.nodebuildingconsultancy.co.uk/services) - [Overview](https://www.nodebuildingconsultancy.co.uk/services) - [Design specification & contract administration](https://www.nodebuildingconsultancy.co.uk/services/design-specification-contract-admin) - [Dilapidations](https://www.nodebuildingconsultancy.co.uk/services/dilapidations) - [Building condition surveys](https://www.nodebuildingconsultancy.co.uk/services/building-condition-surveys) - [Construction monitoring](https://www.nodebuildingconsultancy.co.uk/services/construction-monitoring) - [Schedules of condition](https://www.nodebuildingconsultancy.co.uk/services/schedules-of-condition) - [Party wall](https://www.nodebuildingconsultancy.co.uk/services/party-wall) - [Other services](https://www.nodebuildingconsultancy.co.uk/services/other-services) - [About](https://www.nodebuildingconsultancy.co.uk/about) - [Articles](https://www.nodebuildingconsultancy.co.uk/articles) - [Case Studies](https://www.nodebuildingconsultancy.co.uk/case-studies) - [Get in touch](https://www.nodebuildingconsultancy.co.uk/contact) - [Services](https://www.nodebuildingconsultancy.co.uk/services) - [Overview](https://www.nodebuildingconsultancy.co.uk/services) - [Design specification & contract administration](https://www.nodebuildingconsultancy.co.uk/services/design-specification-contract-admin) - [Dilapidations](https://www.nodebuildingconsultancy.co.uk/services/dilapidations) - [Building condition surveys](https://www.nodebuildingconsultancy.co.uk/services/building-condition-surveys) - [Construction monitoring](https://www.nodebuildingconsultancy.co.uk/services/construction-monitoring) - [Schedules of condition](https://www.nodebuildingconsultancy.co.uk/services/schedules-of-condition) - [Party wall](https://www.nodebuildingconsultancy.co.uk/services/party-wall) - [Other services](https://www.nodebuildingconsultancy.co.uk/services/other-services) - [About](https://www.nodebuildingconsultancy.co.uk/about) - [Articles](https://www.nodebuildingconsultancy.co.uk/articles) - [Case Studies](https://www.nodebuildingconsultancy.co.uk/case-studies) - [Get in touch](https://www.nodebuildingconsultancy.co.uk/contact) ![Browne_Jacobson_Logo](https://www.nodebuildingconsultancy.co.uk/hs-fs/hubfs/Client%20Logos/Browne_Jacobson_Logo.webp?width=190&height=60&name=Browne_Jacobson_Logo.webp) ###### Dilapidations Claim Negotiation Services # Mitigation of Alleged Dilapidations Liability Works implementation via the design and building project procurement route inclusive of Employer's Requirements and tender document preparation and incorporating contract administration services [Get in touch](https://www.nodebuildingconsultancy.co.uk/contact?hsLang=en-gb) ![rics](https://www.nodebuildingconsultancy.co.uk/hs-fs/hubfs/Accreditations/rics.webp?width=177&height=64&name=rics.webp) An RICS Regulated Chartered Building Surveying and Project Management Consultancy ##### Industry Legal Advisory / Tenant ##### Services Provided Dilapidations Claim Negotiation ##### Location Birmingham ##### Property Type City Centre Office Ensuring Value ## The Challenge In light of the then soon to determine leasehold interest of the client, and following receipt of a schedule (claim) of dilapidations from the landlord, Node Building Consultancy were instructed to represent the tenant client's interests. Briefed to ensure that any outcome arrived out offered good value and was a fair and true representation of the leasehold obligations, an appropriate strategy was required. ### Determining Fact from Fiction ![browne-jacobson-image-1](https://www.nodebuildingconsultancy.co.uk/hs-fs/hubfs/Service%20Subpage/BJ/browne-jacobson-image-1.webp?width=500&height=343&name=browne-jacobson-image-1.webp)True to the nature of almost all dilapidations claims is the inclination of a landlord claimant's assessment of breach and remedy to employ subjectivity, typically in favour of the author's paymaster. In order to ensure that the client's brief were fulfilled, it would be necessary not just to assess and understand the validity of any claimed breach nor appropriateness of the sought remedy, but the estimation of associated costs. ##### Variables and a Preference for Certainty The multi-occupation nature of the office accommodation concerned, held on internal only repairing terms, coupled with a buoyant economic centre geographic location acted to bring a breadth of wider considerations to the challenge provided. Although no diminution valuation advice was sought at the outset it was reasonably assumed that, given the wider specifics of the claim, proof of loss could be a key consideration, further complicated by the possibility that a new occupier may mitigate any potential for claimant loss via agreeing letting terms with little regard for existing demise condition. Through further dialogue it was also determined that certainty carried great value for the client and a preference existed to conclude the matter amicably and in a timely fashion, having regard for the proposed date of exit and transition of operations into new space. A Multifaceted Approach ## The Solution Delivering an outcome to brief necessitated a wholistic approach to claim negotiation, seeking to work with, rather than against, the claimant in the spirit of the 'Dilapidations Protocol' and toward a justified, timely. conclusion. Following the development of a proven mitigation strategy at the outset, sufficient time were afforded to this negotiation stage to ensure all avenues were available to client to act to minimise lialbity, whilst maintaining control. ### Contestation and Exploration In parallel with the preparation and exchange of Scott Schedule responses with the claimant's representatives, having regard for the aforementioned wider landlord and tenant considerations, a carefully determined scope of works were designed, specified and put to tender. The return of tender offers were then used to assist the elemental negotiation process, whilst affording the client the ability to attend works within the preferred timeline window, should landlord's preference be for tenant client to attend works or should a negotiation impasse be reached. Having acted to secure the client's position by ensuring best value was achieved through the availability of choice options to conclude the matter, landlord's scope of negotiation materially diminishes in lieu. Strategy implementation to this effect then acts to yield a basis for favourable forward negotiation through to conclusion or the attendance of works to extinguish alleged liabilities.    ![Browne Jacobson Image 2](https://www.nodebuildingconsultancy.co.uk/hs-fs/hubfs/Service%20Subpage/BJ/browne-jacobson-image-2.webp?width=1000&height=483&name=browne-jacobson-image-2.webp) Relations and Certainty Secured ## The Result The implementation of the appropriate strategy, bespoke to the client's desired outcomes, acted to enable amicable conclusion in a timely manner. The means of conclusion yielded no necessity for the attendance of works by the client, allowing focus to be maintained on primary business operations and transition to new office space seamlessly. ### Dilapidations Expertise and Project Proficiency in Parallel  Through the employment of acute, specialist, knowledge and understanding of principles applicable to matters of dilapidations, coupled with precedent and statute law implication, Node Building Consultancy were again able to deliver a highly client favourable outcome in the form of a significant saving, relative to the alleged claim sum at the outset.  Only through the application of these dilapidations specific expertise, in parallel with a broader understanding of and capability to deliver project works benefits, could all client objectives be met. The identification of a need to afford the process sufficient time at the outset in order to yield the best client outcome in inclusion was key, coupled maintaining a viable means of conclusion via the attendance of works should other avenues have been exhausted. > Development of a dilapidations claim liability mitigation solution bespoke to the specific scenario applicable is essential in yielding the most favourable client outcome. Determination of a client's values are a key consideration in the perceived success of the conclusion of any claim. The Statistics ## Case study in numbers Just some of those most pertinent metrics applicable this dilapidations claim negotiation case study instruction, having regard for the property, claim and outcome. ## 53% ##### Proportionate saving achieved in conclusion having regard for sum of initial claim. ## c. 7,400 ##### Square feet of office space applicable extending over two floors inclusive of basement storage. ## 300+ ##### Items of office contents to be removed and relocated or disposed of during course of exit. ## 16 Wks ##### Point of instruction through execution of a settlement agreement in conclusion of the claim. ## Related Articles and Case Studies A selection of articles and case studies relevant to the subject matter that might be of interest for further reading. [See all posts](https://www.nodebuildingconsultancy.co.uk/articles?hsLang=en-gb) [![derbyshire-county-council-vector-logo](https://www.nodebuildingconsultancy.co.uk/hs-fs/hubfs/Client%20Logos/derbyshire-county-council-vector-logo.webp?width=200&height=57&name=derbyshire-county-council-vector-logo.webp) ![DCC Case Study](https://www.nodebuildingconsultancy.co.uk/hubfs/Case%20Study%20Thumbnails/Webp%20Thumbnails/DCC%20Case%20Study.webp)](https://www.nodebuildingconsultancy.co.uk/case-studies-individual-derbyshire-county-council-terminal-schedule-dilapidations?hsLang=en-gb) #### [Terminal Schedule of Dilapidations Preparation Inspection and compilation of a 'Dilapidations Protocol' compliant dilapidations schedule on client...](https://www.nodebuildingconsultancy.co.uk/case-studies-individual-derbyshire-county-council-terminal-schedule-dilapidations?hsLang=en-gb) [15-Apr-2023](https://www.nodebuildingconsultancy.co.uk/case-studies-individual-derbyshire-county-council-terminal-schedule-dilapidations?hsLang=en-gb) [![Dilapidations & Fixed Cost Recovery](https://www.nodebuildingconsultancy.co.uk/hs-fs/hubfs/Articles/Article%20-%20Green%20Dilaps%20Fixed%20Costs.webp?width=350&height=425&name=Article%20-%20Green%20Dilaps%20Fixed%20Costs.webp)](https://www.nodebuildingconsultancy.co.uk/articles/dilapidations-fixed-cost-recovery?hsLang=en-gb) #### [Dilapidations & Fixed Cost Recovery Dilapidations & Fixed Cost Recovery - Tenants to Celebrate Whilst Landlords Frustrate? Claims for...](https://www.nodebuildingconsultancy.co.uk/articles/dilapidations-fixed-cost-recovery?hsLang=en-gb) [07-Jun-2024](https://www.nodebuildingconsultancy.co.uk/articles/dilapidations-fixed-cost-recovery?hsLang=en-gb) [![national-veterinary-services](https://www.nodebuildingconsultancy.co.uk/hs-fs/hubfs/Client%20Logos/national-veterinary-services.webp?width=250&height=167&name=national-veterinary-services.webp) ![NVS Case Study](https://www.nodebuildingconsultancy.co.uk/hubfs/Case%20Study%20Thumbnails/Webp%20Thumbnails/NVS%20Case%20Study.webp)](https://www.nodebuildingconsultancy.co.uk/case-studies-individual-nvs-dilapidations-claim-negotiation?hsLang=en-gb) #### [Dilapidations Claim Negotiation Negotiation of sizeable claim for dilapidations extending over two warehouse units comprising circa...](https://www.nodebuildingconsultancy.co.uk/case-studies-individual-nvs-dilapidations-claim-negotiation?hsLang=en-gb) [15-Nov-2023](https://www.nodebuildingconsultancy.co.uk/case-studies-individual-nvs-dilapidations-claim-negotiation?hsLang=en-gb) ## Get in Touch Seeking assistance with your commercial property matters, construction or refurbishment project needs? Then book a consultation, we’ll help you establish the best route forward and derive added value. [Get in touch](https://www.nodebuildingconsultancy.co.uk/contact?hsLang=en-gb) [![Node Branded Logo Square](https://www.nodebuildingconsultancy.co.uk/hs-fs/hubfs/Node_logo_rgb%201-1.webp?width=100&height=100&name=Node_logo_rgb%201-1.webp "Node Branded Logo Square")](https://www.nodebuildingconsultancy.co.uk/?hsLang=en-gb) Node Building Consultancy Limited trading as Node Building Consultancy. ![RICS logo white](https://www.nodebuildingconsultancy.co.uk/hs-fs/hubfs/Accreditations/rics.webp?width=177&height=64&name=rics.webp) An RICS Regulated Chartered Building Surveying and Project Management Consultancy #### Services - [Overview](https://www.nodebuildingconsultancy.co.uk/services) - [Design specification & contract administration](https://www.nodebuildingconsultancy.co.uk/services/design-specification-contract-admin) - [Dilapidations](https://www.nodebuildingconsultancy.co.uk/services/dilapidations) - [Building condition surveys](https://www.nodebuildingconsultancy.co.uk/services/building-condition-surveys) - [Construction monitoring](https://www.nodebuildingconsultancy.co.uk/services/construction-monitoring) - [Schedules of condition](https://www.nodebuildingconsultancy.co.uk/services/schedules-of-condition) - [Party wall](https://www.nodebuildingconsultancy.co.uk/services/party-wall) - [Other services](https://www.nodebuildingconsultancy.co.uk/services/other-services) #### Useful links - [Services](https://www.nodebuildingconsultancy.co.uk/services) - [About](https://www.nodebuildingconsultancy.co.uk/about) - [Articles](https://www.nodebuildingconsultancy.co.uk/articles) - [Case Studies](https://www.nodebuildingconsultancy.co.uk/case-studies) #### Contact [0115 772 2432](tel:0115%20772%202432) [info@nodebuildingconsultancy.co.uk](mailto:info@nodebuildingconsultancy.co.uk) #### Get in touch © Copyright 2026 Company Registration No. 10904656 [Privacy Policy](https://www.nodebuildingconsultancy.co.uk/privacy-policy?hsLang=en-gb) ```json { "@context" : "https://schema.org", "@type" : "WebSite", "alternateName" : [ "Node Building Consultancy", "Node" ], "description" : "Node Building Consultancy offers expert commercial building surveying and project management services tailored to meet your property needs.", "name" : "Node Building Consultancy", "potentialAction" : { "@type" : "SearchAction", "query-input" : "required name=search_term_string", "target" : "https://nodebuildingconsultancy.co.uk/search?q={search_term_string}" }, "url" : "https://www.nodebuildingconsultancy.co.uk/" } ``` ```json { "@context" : "https://schema.org", "@type" : "Organization", "address" : { "@type" : "PostalAddress", "addressCountry" : "GB", "addressLocality" : "Nottingham", "postalCode" : "NG1 5BQ", "streetAddress" : "12 Regent Street" }, "alternateName" : [ "Node Building Consultancy", "Node" ], "department" : [ { "@type" : "LocalBusiness", "address" : { "@type" : "PostalAddress", "addressCountry" : "GB", "addressLocality" : "Nottingham", "postalCode" : "NG1 5BQ", "streetAddress" : "12 Regent Street" }, "hasOfferCatalog" : { "@type" : "OfferCatalog", "itemListElement" : [ { "@type" : "Offer", "itemOffered" : { "@type" : "Service", "description" : "Ensuring your project requirements are realised successfully, our architectural project services take schemes from inception through to completion via detailed contract documentation sets and competitive tendering exercises to ensure 'best value' is achieved. 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