When statutes collide: potential recovery of own party adjudication costs
Abstract
Purpose This research examines the potential recovery of own party adjudication costs under the Late Payment of Commercial Debts Regulations 2013. Design/methodology/approach The interaction between The Late Payment of Commercial Debts Regulations 2013 (derived from European Directive 2011/7/EU on combating late payment in commercial transactions) and the Local Democracy, Economic Development and Construction Act 2009 including reference to case law was explored. A qualitative research framework was used to collect primary data through semi-structured interviews with adjudication experienced construction industry professionals. Findings It was discovered that adjudicators are awarding own party costs under the Regulations but there was disagreement on the issues in both the literature and amongst the interviewees. Research limitations/ implications A definitive judgement is awaited from the Technology and Construction Court. Originality/ Value This paper will be of value to construction industry adjudication professionals.Citation
Hetherton, T., & Charlson, J. (2015). When statutes collide: potential recovery of own party adjudication costs. International Journal of Law in the Built Environment, 7 (3), pp 214-230.Publisher
Emerald Group Publishing LimitedJournal
International Journal of Law in the Built EnvironmentAdditional Links
http://www.emeraldinsight.com/doi/10.1108/IJLBE-12-2014-0036Type
Journal articleLanguage
enISSN
1756-1450ae974a485f413a2113503eed53cd6c53
10.1108/IJLBE-12-2014-0036