The Business Law Reports
[2014] Bus LR 367
Court of Appeal
*Aspect Contracts (Asbestos) Ltd v Higgins Construction plc
[2013] EWCA Civ 1541
2013 Nov 19;
29
Longmore, Rimer, Tomlinson LJJ
Building— Contract— Adjudication— Reference to adjudicator of dispute under construction contract— Adjudicator making award— Whether adjudicator’s decision giving rise to separate cause of action for repayment if dispute finally determined in favour of unsuccessful party— Whether term to be implied to that effect—
Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649), Sch, para 23(2)
Contract— Construction— Implied term— Adjudicator in construction contract dispute making award in defendant’s favour— Claimant making payment in accordance with award— Claim for declaration of non-liability and repayment of sum paid— Defendant counterclaiming damages in excess of amount awarded by adjudicator— Whether implied term in contract providing claimant with freestanding cause of action for repayment if dispute finally determined in his favour— Whether claimant’s cause of action accruing at date of payment made in accordance with adjudicator’s award— Whether defendant’s cause of action accruing at date of breach of contract— Whether claim or counterclaim statute-barred—
Scheme for Construction Contracts (England and Wales) Regulations 1998, Sch, para 23(2)