Adjudication: limitation applies to repayment of sums (Aspect Contracts v Higgins Construction)

Table of contents

• Practical implications
• Court details
• Facts
• Is there an implied term of repayment if legal proceedings find for the other party?
• Is there a claim in restitution?
• When does time start to run for the purposes of limitation?

Article summary

The TCC has held that there is no implied term of repayment of monies paid out pursuant to an adjudicator’s decision. Further, the limitation period for bringing legal proceedings after an adjudication runs from the time the cause of action arose and not from the time of the adjudicator’s decision.