Since the Construction Act first came into force, adjudicators have been unsure about the question of whether they are entitled to withhold delivery of their decision until their fees have been paid. Many adjudicators seek to impose terms within the adjudication agreement to this effect. Many others consider such an arrangement is contrary to the statutory or contractual framework within which the adjudication is constituted. Connected to this question is the further question concerning whether, if an adjudicator does withhold his decision from the parties beyond the date for delivery of that decision pending payment of his fees, will the decision once delivered late be rendered unenforceable? These matters were examined in the recent case of St Andrews Bay Development -v- HBG Management in the Scottish Court of Session. St Andrews had engaged HBG to build a leisure complex at Kingask near St Andrews. The contract was based upon the Scottish equivalent of the JCT1998 With Contractor's Design form of contract.
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