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Systech Solicitors E-Alert - Squibb v Vertase

September 03, 2012

Can a party ordered to ‘pay up’ by an adjudicator reduce or avoid the need to pay by raising a set-off against the adjudicator’s decision?

The answer would appear to be yes, but only in very limited circumstances and the recent Squibb judgement underlines the difficulties facing a party that attempts to rely on a set-off to resist enforcement of an adjudicator's decision. To be on the safe side, careful review of proposed contractual provisions and drafting of adjudication submission documents are recommended. The timing of any notice of adjudication could also prove critical.

To download the Systech Solicitors E-alert which provides a brief summary of the Squibb case please click on the following link below;

Systech Solicitors E-alert - Squibb v Vertase - August 2012