Guide to Enforcement under the Construction Contracts Act 2002

Guide to Enforcement
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When deciding which process to use for the recovery of money owed, consideration needs to be given to a number of relevant factors including: the amount of the determination; urgency, including the likelihood of the respondent going into liquidation; whether the contract is finished or work is still being completed; and whether there is an entitlement to a charging order in respect of the construction site.

The Building Disputes Tribunal strongly encourages any party seeking to enforce an adjudicator’s determination to promptly seek independent legal advice from a lawyer experienced in the processes for enforcement and recovery of monies due under an adjudicator’s determination, before taking any steps towards recovery.

For further information on resisting enforcement, please see the Building Disputes Tribunal Guide to Resisting Enforcement under the Construction Contracts Act 2002.

Our thanks to our contributors to the Guide:

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With 20 years experience in the avoidance, management, and resolution of building and construction disputes, the Building Disputes Tribunal is recognised and respected as the leading independent, nationwide provider of specialist dispute resolution services to the building and construction industry.

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