Advice to clients—how to enforce an adjudicator’s decision
Published by a LexisNexis Construction expert
PrecedentsAdvice to clients—how to enforce an adjudicator’s decision
Published by a LexisNexis Construction expert
PrecedentsEnforcing an adjudicator’s decision
We understand that, following the issue of the Adjudicator’s decision (the Decision), [insert name of the responding party] has refused to make payment of the sums the Adjudicator ordered it to pay you. You have asked us to advise on what action you may take against [insert name of the responding party], in order to compel them to comply with the Decision.
Adjudicators’ decisions are legally binding—but they do not have the same status as court judgments, and so cannot be enforced in the same way. This means that, to force [insert name of the responding party] to comply with the Decision, you will need to go to court.
There are different types of court procedure that may be used to enforce adjudicators’ decisions. However, the most commonly used method of enforcement, and one that is appropriate in cases like this (that is, where the successful party seeks payment of a sum of money awarded by the adjudicator), is to raise a claim in the Technology and Construction Court (TCC).
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