Adjudication decision

Published by a LexisNexis Construction expert
Practice notes

Adjudication decision

Published by a LexisNexis Construction expert

Practice notes
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Produced in association with 4 Pump Court

This Practice Note looks at what an adjudication decision encompasses, whether (and to what extent) reasons for the decision are required and the deadline for the decision. It also consider interim conclusions, the status and effect of a decision and compliance with the decision.

What does the decision include?

The decision of the adjudicator includes:

  1. the actual award (ie that A is to pay £X to B), and

  2. any finding in relation to the rights of the parties that forms an essential component of, or basis for, that award

Where the adjudicator reaches conclusions on matters that are not essential to the calculation of a money award, those conclusions do not form part of the binding decision and may be the subject of a further adjudication (Hyder Consulting v Carillion). The distinction is often drawn as being between the 'operative' and the 'non-operative' parts of the decision—it is only the operative part that binds the parties (and which cannot be referred to a subsequent adjudicator—see Practice Note: Adjudication—is there

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Jurisdiction(s):
United Kingdom
Key definition:
Conclusions definition
What does Conclusions mean?

Conclusions are not covered by the TFEU. Conclusions are non-binding instruments which do not have any legal force but are merely persuasive. They simply allow the EU institutions to make their views known and to suggest a line of action without imposing any legal obligation on those to whom they are addressed.

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