When is it good to call out on fraud in adjudication proceedings?

By Tony Bingham2019-01-23T13:38:00

If you’re going to use an allegation of fraud as grounds for a stay of payment on an adjudication award, get the timing right, writes Tony Bingham

Almost everyone on the receiving end of an adjudication has a fundamental fear: that the other party will win cash and be paid, then that cash evaporate before an in-depth trial can begin. That’s what worried cladding firm Aygun Aluminium UK Ltd, when its labour-only installation contractor came at it for £553,995 and won. Aygun hesitated in obeying the adjudicator’s award. So Gosvenor London Ltd came to court to seek enforcement. It’s hardly surprising: 28-day adjudication is really only an interim solution to fathom who will have the cash in their bank until a more solid decision is made.

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