All change — payment of adjudication decision does restart the clock for losing party
The Court of Appeal has now reversed the decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction plc, concluding that payment of the adjudication decision constitutes a new cause of action and restarts the limitation clock for the paying party.
Aspect was the losing responding party in an adjudication in 2009 under the Scheme for Construction Contracts. The adjudicator found that Aspect was in breach of contract (back in 2004–05) for failing to conduct a proper and appropriate survey and failing to identify the presence of asbestos-containing material. A decision was issued in favour of Higgins, resulting in Aspect paying Higgins £658,017 (about £200,000 less than was being claimed) in August 2009.
Aspect then commenced legal proceedings in 2012 in the Technology and Construction Court for a negative declaration that it was not liable to Higgins for breach of contract. In doing so, it relied on an implied term that an unsuccessful party was entitled to have an adjudication dispute finally determined in court proceedings and was entitled to repayment of monies it had paid, if successful in those proceedings…
If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co briefing. If not, please register or sign in with your details below.
News from Wragge & Co
News from The Lawyer
Briefings from Wragge & Co
In February 2013, the European Commission released a draft Network and Information Security Directive.
Allowing independent providers into the NHS Pension Scheme — tackling recruitment issues and facilitating the movement of staff
From 1 April 2014, an independent provider who meets the relevant eligibility criteria will be able to apply to become an employing authority in the NHS Pension Scheme.