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The Technology and Construction Court has recently looked again at the difficult issue of enforcement of adjudicator's decisions where the successful party is having financial problems.
In this case, the contractor was not in liquidation or administration, but there were ongoing winding up proceedings against it. The facts relevant to the adjudication were also already the subject of a claim in the courts between the parties.
The judge analysed the current law and confirmed that:
The employer therefore did not have to pay the sums to the contractor before the expected date of the hearing for the winding up petition.
Alexander & Law Ltd v Coveside (21BPR) Ltd  EWHC 3949 (TCC)
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