Speak Now, Or Forever Hold Your Peace: Challenging Adjudicator's Decisions

A recent decision in the TCC serves as an important reminder that if a party is dissatisfied with an adjudication decision, it should not delay in making its challenges to the decision, especially if involved in serial adjudications.

The case of Prater Ltd v John Sisk and Son (Holdings) Ltd [2021] EWHC 1113 (TCC)) concerned a challenge to an adjudicator's jurisdiction based on alleged invalidity of a previous adjudicator's decision.

Background

The defendant, Sisk, had engaged the claimant, Prater, under an NEC3 Engineering and Construction sub-contract to carry out works to a new Boeing Fleet aircraft maintenance hangar, office and plant room at Gatwick Airport.

The parties had been involved in a series of adjudications arising out of the sub-contract and this case concerned the application for Summary Judgment for the enforcement of the fourth adjudication decision, the only adjudication whereby payment was sought as a remedy.