Q&As

What is the limitation period for an adjudication decision? Does issuing proceedings to implement a decision count as 'issuing proceedings' and thus the limitation period is stopped?

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Published on LexisPSL on 18/04/2018

The following Construction Q&A provides comprehensive and up to date legal information covering:

  • What is the limitation period for an adjudication decision? Does issuing proceedings to implement a decision count as 'issuing proceedings' and thus the limitation period is stopped?
  • Enforcement of the adjudication decision
  • Repayment of the adjudication award
  • The substantive dispute

There are several limitation periods that may be potentially relevant in the context of an adjudication decision. These are the periods in which to bring a claim to:

  1. enforce the adjudication decision

  2. seek repayment of any monies paid out in satisfaction of the adjudication award, or

  3. finally determine the substantive/underlying dispute

Issuing proceedings in respect of one of these claims does not ‘stop the clock’ (for the purposes of the Limitation Act 1980 (LA 1980)) for either of the other claims.

Enforcement of the adjudication decision

A successful party can commence proceedings to enforce a valid adjudication decision by issuing a Part 7 claim and making a summary judgment application. This enables the successful party to obtain a court judgment on the adjudicator’s decision, albeit the judgment is not ‘finally binding’ as either party can bring fresh proceedings to deal with the underlying or substantive issues (discussed below). For further information on enforcing a decision, see Practice Note: Enforcing an adjudicator's decision in the TCC.

In the Supreme Court decision of Aspect Contracts v Higgins Construction, it was confirmed that an adjudication decision is enforceable by action founded on the contractual obl

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