+ 44 (0)20 8614 6200
info@corbett.co.uk
+ 44 (0)20 8614 6200
info@corbett.co.uk
Cornerstone Seminars
FIDIC
Knowledge Hub
+ 44 (0)20 8614 6200
info@corbett.co.uk

Aspect v Higgins: The Final Reckoning

How long do you have to challenge an adjudicator’s decision? Controversially, the English Supreme Court has now ruled as follows: If you were the loser and required to pay monies, you will have the full limitation period, typically six years, to bring your claim to recover those monies starting from when you were required to make payment to the winner; whereas If you were the winner, your right to seek an improvement of the result will come to an end at the same time as the limitation period for the original claim.

By |September 14th, 2015|English Law, Knowledge Hub|Comments Off on Aspect v Higgins: The Final Reckoning

Time Waits for no Man – So you think the Adjudicator got it wrong? How long do you have to challenge the decision?

How long have you got to challenge the adjudicator’s decision? The English Court of Appeal has decided: 1) the claimant who considers the adjudicator awarded too little must challenge before the original limitation period for his claim expires; and 2) the defendant who considers he paid too much has a new limitation period starting on the day he paid the adjudicator’s decision. Is it unfair that the loser may have years longer than the winner? That question will soon be answered by the Supreme Court of the United Kingdom. Their decision will be of interest to anyone involved with FIDIC DABs anywhere in the world.

By |March 9th, 2015|Dispute Boards, Knowledge Hub, Litigation|Comments Off on Time Waits for no Man – So you think the Adjudicator got it wrong? How long do you have to challenge the decision?
Go to Top