This article is all about what happens after the Adjudicators Decision.
This term is a key component or step of the Construction Adjudication process. If you want to learn more about Construction Adjudication we have an online course for sale on this website.
We support legal representation in more complex cases but we want to encourage especially smaller companies to feel more confident fighting for their contractual rights.
The Adjudicators decision is simply one of the last steps in the Adjudication process and you can read more about it here.
The Adjudicator issues the decision by email and by post and outlines what both parties must do.
This decision is binding in the interim. This simply means that both parties must abide by the decision and if they want to take the dispute to arbitration or litigation they can still do so — but in the meantime they must abide by the decision.
Once the decision is issued the winning party must wait for the losing party to abide by the decision e.g. pay the money as directed.
If the money is not paid by when the decision states it must then you can apply to the Technology and Construction Court to have the payment enforced.
The other party may decide not to pay and instead go into administration. This is a risk you need to be aware of.