Setting off sequential adjudication decisions in enforcement
In the case of RHP Merchants v Treforest Property Company (TCC), RHP lost a first adjudication and was ordered to pay Treforest £260k.
RHP started a second adjudication on its liability for defects and was successful and they were awarded £220k.
At enforcement, RHP offered to pay the balance between the two decisions, the court stayed proceedings until the balance was paid by RHP.
The court also said that it would have been open to Treforest to seek an injunction to restrain RHP from commencing its second adjudication, pending payment of its first award.
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