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ARTICLE · 23 OCTOBER 2025

Staying Enforcement Of An Adjudicator's Decision

Bryan Cave Leighton Paisner
Bryan Cave Leighton Paisner
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Bryan Cave Leighton Paisner

Bryan Cave Leighton Paisner

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A party holding a favourable adjudication decision can apply to the court for summary judgment to enforce it but, in very limited circumstances, the losing party can also seek a stay of enforcement...

United StatesLitigation, Mediation & Arbitration

Summary

A party holding a favourable adjudication decision can apply to the court for summary judgment to enforce it but, in very limited circumstances, the losing party can also seek a stay of enforcement, according to the principles set down in Wimbledon Construction Co 2000 Ltd v Vago [2005] EWHC 1086 (TCC). (For more information, see Practice note, Adjudication: challenging and staying enforcement of the adjudicator's decision.)

In this article, first published in PLC, Marcus Birch considers the decision in Providence Building Services Ltd v Hexagon Housing Association Ltd

Background

Hexagon had engaged Providence under a contract based on the JCT Design and Build Contract, 2016 Edition. Hexagon failed to pay sums notified as due by the Employer's Agent and Providence sought to terminate under clause 8.9.4, due to the repetition of a specified default. Providence brought a Part 8 claim for a declaration as to the validity of the termination. While

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