Enforcement of Adjudication Decisions

Adjudication decisions are expected to be complied with promptly. The courts provide a fast and supportive enforcement mechanism.

If a Party Does Not Comply with the Decision

If a party refuses to comply with a decision, they can be taken to court.

As long as the decision was properly made, it will be enforced by means of a court order for summary judgment.

Many decisions do not require court enforcement at all.

The enforcement process:

• is significantly faster than normal court proceedings;
• has very limited grounds for resisting enforcement;
• benefits from strong judicial support.

The court generally does not consider whether the adjudicator’s decision was right or wrong. It will enforce the decision unless:

• the adjudicator did not have jurisdiction; or
• there was a breach of the relevant rules, including natural justice.

Enforcement Where the Other Party Is Insolvent

There is a tension between adjudication (which is temporary) and insolvency (which is often final).

If you have an adjudication decision against an insolvent party:

• you may not be able to enforce the decision; and
• even if enforced, recovery prospects are likely to be poor.

Does the Adjudicator Have the Power to Award Interest?

An adjudicator has no freestanding right to award interest.

However, adjudicators can award interest on sums due:

• if the contract allows for it; or
• if the Late Payment of Commercial Debts (Interest) Act 1998 applies.

You may also be interested in reading:

• What if someone starts an adjudication against you?
• How Construction Adjudication Works
• Legal Framework for Construction Adjudication
• Challenging, Appealing & Correcting Adjudication Decisions
• The Adjudicator: Role, Appointment & Qualifications

Free initial enquiry

Our construction adjudication specialists would ideally be involved as soon as possible and before an adjudication notice is served. Whatever stage you are at, you can increase your prospects of success immediately by discussing matters with us. A free initial consultation with us at an early point could mean a drastically different result at the end of an adjudication.

We offer a free one hour initial consultation for new clients. Please contact us by phone, email or using our contact form for a free initial consultation. We can discuss how we can help you get the most out of the adjudication process.

GET A FREE CONSULTATION TODAY