PC Harrington Contractors Ltd v Systech
International Ltd
The Court of Appeal in England has overturned the recent
Technology and Construction Court (TCC) decision in relation to
adjudicator's fees and held that adjudicators are not entitled
to be paid their fees in circumstances where their decision is
unenforceable.
TCC decision
Mr Justice Akenhead, in the TCC, had reasoned that an
adjudicator's role was wider than simply producing a decision.
Even where that decision is unenforceable, save for instances of
bad faith, there was nevertheless part performance by the
adjudicator and an entitlement to be paid.
Appeal decision
In overturning that judgment, the Court of Appeal set out its
reasoning - with specific reference to the Housing Grants,
Construction and Regeneration Act 1996, as amended - and pointed
to, among other things, the lack of any provisions entitling an
adjudicator to be paid by reference to the completion of discrete
parts of his/her
