Adjudication Update – the loser wins, in time

In the recent case of Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013], the Court of Appeal has looked at the effect of an adjudicator’s decision on the limitation period within which a claim for breach of contract must be brought. The Court confirmed HHJ Stephen Davies QC’s decision in Jim Ennis Construction Ltd v Premier Asphalt Ltd [2009], finding that the unsuccessful party to an adjudication has six years (or 12 years if the contract was signed as a deed) from the date of payment of the adjudicator’s award (rather than from the date of breach of contract) in order to commence legal proceedings for repayment of the adjudicator’s award. Read more in our article here.