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The High Court has refused leave to enforce an award of an adjudicator in a construction dispute, on the grounds it had not been not validly referred to adjudication due to the failure to serve a notice of intention to refer by registered post as contractually agreed. The court found that the adjudicator's award was a nullity, as the applicant had served the notice via email contrary to the express terms of the construction contract.
Construction Contracts Act 2013, adjudication, payment dispute, notice of intention to refer, registered post, email service, contractual agreement, statutory interpretation, adjudicator's jurisdiction, nullity, enforcement of award, legal costs, Heather Hill Management Company v. An Bord Pleanála, statutory scheme, "pay now, argue later", Rules of the Superior Courts (RSC), service of notices, waiver, fair procedures.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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