The court was asked as to the date of accrual of the cause of action where a losing party to an adjudication brought under Part II of the 1996 Act later begins proceedings to seek a final determination of the matters decided by the adjudicator with a view to recovering monies paid to the winning party in compliance with the adjudicator’s decision. ‘The Claimant contends that the cause of action is separate and distinct from the cause of action in respect of the dispute referred to adjudication, and does not arise until the date of payment in compliance with the decision, whereas the Defendant contends that the cause of action is no different from the dispute referred to adjudication and thus arises at the same time as that underlying cause of action.’
Held: There was an implied term of the construction contract that an unsuccessful party to an adjudication was entitled to be repaid all sums paid by it in compliance with an adjudication if they were subsequently decided or agreed not to be due and that the cause of action for such sums accrued at the date of the original payment.
Judges:
HHJ Stephen Davies
Citations:
[2009] EWHC 1906 (TCC)
Links:
Statutes:
Housing Grants, Construction and Regeneration Act 1996, Limitation Act 1980
Cited by:
Cited – Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc SC 17-Jun-2015
Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire . .
Lists of cited by and citing cases may be incomplete.
Construction, Limitation
Updated: 30 July 2022; Ref: scu.361479
