Question
CONSTRUCTION LAW The task is to analyse the following law case in respect of its issues, solution for each issue, and the reasons for the
CONSTRUCTION LAW
The task is to analyse the following law case in respect of its issues, solution for each issue, and the reasons for the solutions made by explaining all the sections stated in the case:
As a result of a payment dispute the Contractor/Respondent filed an adjudication claim against the Employer/Appellant. After commencement of the adjudication process, the Employer applied to challenge Section 41 of the Construction Industry Payment and Adjudication Act 2012 ("CIPAA") with a view to challenging the jurisdiction of the Adjudicator. Before the Section 41 application was disposed of in the High Court, the Adjudicator delivered the award. The award was in favour of the Contractor. The Contractor applied to the High Court for an order to enforce the award as a judgement of the High Court, pursuant to Section 28 of CIPAA. The Employer applied to set aside or stay the award pursuant to Section 15 and 16 of CIPAA. (15 marks)
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