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.