What Happens if the Other Party Ignores the Adjudicator’s Decision?

Winning an adjudication is a significant result, but what if the losing party simply doesn’t comply? The short answer is that adjudicators’ decisions are legally binding and immediately enforceable, and the courts take a robust approach to upholding them. 

How Enforcement Works 

In England and Wales, enforcement is handled by the Technology and Construction Court (TCC) [LINK: Technology and Construction Court], a specialist branch of the High Court. The TCC is set up to deal with construction disputes and moves quickly on enforcement applications, typically within weeks. 

Critically, the court will not reopen the underlying dispute. Even where the losing party believes the adjudicator made an error on the facts or the law, that is not a valid basis for withholding payment. The well-established principle in construction adjudication is “pay now, argue later.” Any challenge to the substance of the decision is a separate matter for a different time. 

The Grounds for Resisting Enforcement Are Very Limited 

There are only a small number of circumstances in which a losing party can legitimately resist enforcement, and courts have consistently upheld adjudicators’ decisions even where errors are alleged. A party that attempts to relitigate the dispute at the enforcement stage, or that refuses to pay without strong legal grounds, is likely to face the original award, plus interest and the additional costs of the enforcement proceedings. 

In practice, most parties recognise that enforcement will succeed and choose to pay, or to negotiate a settlement, rather than face further costs and a court order against them. 

What Else Can You Do if You Still Are Not Paid? 

Court enforcement through the TCC is the most direct and reliable route. However, depending on the circumstances of your situation, there may be other mechanisms available to apply additional pressure or recover payment. The appropriate approach depends on the specifics, including whether work is still ongoing and the financial position of the other party. 

Getting the right advice quickly is important. The sooner you act after a decision is ignored, the more options are likely to be available to you. 

What to Do Next 

If you have a favourable adjudication decision that isn’t being complied with, you should take prompt action. The system is designed to ensure decisions are honoured, and experienced advisors can help you move quickly through the enforcement process. 

Breadcrumb Group advises subcontractors and contractors on payment disputes, adjudication, and suspension rights. If you’re not getting paid and want to understand your options, get in touch at Adjudicate or The Contract Coach — we’re happy to have a no-obligation conversation.