following an adjudicator’s award , as opposed to a true value adjudication before another adjudicator. That allowed the discretion to be exercised in a different way than on Wimbledon v Vago principles . It also seems to have been crucial that the failure to pay was not “deliberate”.
About the author:
Kenneth Salmon MCIArb is a qualified solicitor in England, Wales and Eire.
He is a Ciarb qualified and CMC accredited Mediator and Chair of
Education at Ciarb North West Branch. Kenneth is a construction specialist
currently working as a consultant to Slater Heelis Limited. He has extensive
experience of all forms of dispute resolution including arbitration,
adjudication, expert determination and mediation He is the author of Cases
on the Enforcement of Construction Adjudication Awards (2012) and the series Cases (on adjudicati on enforcement) published in Ciarb’s journal Arbitration: The International Journal of Arbitration, Mediation and Dispute
Management 1999-2017.
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