Legal: Beware the adjudication time bar

By Rachel Todd 2019-08-29T05:00:00

The first court decision to apply the NEC time bar for non-Construction Act disputes is revealing

A recent decision of the Technology and Construction Court appears to be the first case to apply an NEC time bar that requires disputes to be notified within one month for non-Construction Act contracts. The practical effect of the decision is that, in most cases where the time bar applies, claims will become barred one month after a dispute arises unless notice is given and an adjudication commenced within a further four weeks. This is an onerous requirement, which parties should take special care to avoid breaching. The TCC’s decision, in the case of Sitol Ltd vs Finegold [2018] EWHC 3969 (TCC)’, was handed down in December 2018, but has only recently been made available.

Already registered? Login here

To continue enjoying Building.co.uk, sign up for free guest access

Existing subscriber? LOGIN

Stay at the forefront of thought leadership with news and analysis from award-winning journalists. Enjoy company features, CEO interviews, architectural reviews, technical project know-how and the latest innovations.

Limited access to building.co.uk
Breaking industry news as it happens
Breaking, daily and weekly e-newsletters

Get your free guest access SIGN UP TODAY

Subscribe now for unlimited access

Subscribe to Building today and you will benefit from:

Unlimited access to all stories including expert analysis and comment from industry leaders
Our league tables, cost models and economics data
Our online archive of over 10,000 articles
Building magazine digital editions
Building magazine print editions
Printed/digital supplements

Subscribe now for unlimited access.

View our subscription options and join our community