Staying the Court Enforcement of a UK Construction Adjudication on the Grounds of Fraud, Where There are Company Voluntary Arrangements or Where There is Insolvency
Anthony Philpott, Barrister, 12 Old Square Chambers, Lincoln’s Inn, London, UK
The introduction of Alternative Dispute Resolution in the form of Adjudication to resolve construction disputes in the United Kingdom was meant to allow for unpaid building contractors and sub-contractors to use this method of a “fast track” recovery of sums owed to them, rather than opting for the much slower process of court action to get paid sums owed to them under the building contract. Under this Adjudication procedure they can make an application to an Adjudicator drawn from the industry to come to a quick and interim decision, to be made within twenty eight days, so as to preserve their cash flow in the high-risk UK construction industry.
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