CONSTRUCTION Alert: Costs thrown away in adjudications: Are they as irrecoverable as we think?

9 April 2014


A recent decision in the United Kingdom matter of National Museums and Galleries on Merseyside Board of Trustees v AEW Architects and Designers Ltd [2013] EWHC 3025 has provided some food for thought in relation to Australia’s approach to legal costs, disbursements and other costs associated with adjudications in Australia. It is commonly accepted that costs incurred by parties to adjudications are irrecoverable in Australia, however Justice Akenhead’s decision in the United Kingdom’s Technology and Construction Court to award adjudication costs as damages against the losing party could potentially change the way the Courts approach this issue in Australia.

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