Enforcing Adjudicators' Awards in Construction Disputes under the Housing Grants, Construction and Regeneration Act 1996

1 year ago 23452

Kenneth T. Salmon MCIArb, a Consultant Solicitor at Slater Heelis Ltd, delves into recent judgments regarding the enforcement of adjudicators' awards under the 1996 Act as amended. In the case of Sleaford Building Services Ltd v Isoplus Piping Systems Ltd, the adjudicator provided 'advice' on certain issues raised by the referring party.

The court determined that this advice would stand until a final decision was made, as it did not impact the core findings of the case. In Atalian Servant AMK Ltd v B W (Electrical Contractors) Ltd, despite the initial adjudicator's resignation, the court allowed the proceedings to continue, highlighting the importance of swift justice even in complex cases. Elements Europe Ltd v FK Buildings Ltd brought to light a dispute over the interpretation of a payment provision, with the court ruling that submissions can be made up until the fourth day before the due date, emphasizing the importance of clarity in contractual terms.

To read more detailed summaries of these cases, visit Ciarb's website. And for expert adjudication services, check out Ciarb's panel of construction adjudicators to find the right fit for your needs.