ABSTRACT
This chapter presents some questions that are helpful for the construction professionals of all kinds who frequently need legal advice that is straightforward as well as authoritative and legally rigorous. It may happen, however, particularly if there have been numerous exchanges and the adjudicator refuses to consider a late submission. The court had no difficulty in deciding that the adjudicator had decided what was referred, whether it was called the final account or the interim payment based on the current draft of the final account. It should be noted that if the parties have agreed that the method of dispute resolution will be arbitration, attempts to use legal proceedings may be blocked by the other party in reliance on section 9 of the Arbitration Act 1996. Section 9 provides that the court must grant a stay (postponement) of legal proceedings until the arbitration is concluded, unless the arbitration is null, void, inoperable or incapable of being performed.
