Complying with or challenging an adjudicator’s decision—practical considerations
Complying with or challenging an adjudicator’s decision—practical considerations

The following Construction practice note provides comprehensive and up to date legal information covering:

  • Complying with or challenging an adjudicator’s decision—practical considerations
  • Complying with the decision
  • Challenging the decision

Complying with or challenging an adjudicator’s decision—practical considerations

On receipt of an adjudicator’s decision, the parties’ options are, broadly, to comply with the decision, or to challenge or resist it. In many cases, the parties will accept and comply with the decision. In other cases, one or both parties might be dissatisfied with the decision (whether on its merits, or because of an error of jurisdiction or natural justice): they may therefore seek to challenge the decision in further proceedings, or attempt to settle the underlying dispute. This Practice Note offers practical guidance on the immediate issues that parties should consider, whichever course of action they propose to take.

Complying with the decision

Parties choosing to comply with the adjudicator’s decision should, in the immediate term, consider the following actions:

IssueConsiderationsFurther reading
Comply with orders to make payments, pay the adjudicator’s fees, and take other actions ordered by the adjudicator
  1. in the immediate term, they should ensure that they are aware of, and comply with, all orders to make payments, pay the adjudicator’s fees, or take other relevant actions

Take note of deadlines that apply to the other party
  1. for the successful party, compliance may involve awaiting payment from the other party

  2. the successful party should set a reminder of the final date by which payment should be made or any

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