The Weekly Law Reports
[2015] 1 WLR 2961
Supreme Court
*Aspect Contracts (Asbestos) Ltd v Higgins Construction plc
[2015] UKSC 38
2015 April 14,
15;
June 17
Lord Mance, Lord Wilson, Lord Sumption, Lord Reed, Lord Toulson JJSC
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 recovery of payment under award if dispute finally determined in favour of unsuccessful party— Whether term to be implied to that effect— Whether restitutionary right to recovery of any overpayment—
Housing Grants, Construction and Regeneration Act 1996 (c 53), s 108
—
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 repayment of sum paid— Defendant counterclaiming for damages in excess of amount awarded by adjudicator— Whether implied term in contract providing claimant with 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 or duty— Whether claim or counterclaim statute-barred—
Housing Grants, Construction and Regeneration Act 1996, s 108
—
Scheme for Construction Contracts (England and Wales) Regulations 1998, Sch, para 23(2)