Ardmore Construction Ltd v. Taylor Woodrow Construction Limited [2006] ScotCS CSOH_3 (12 January 2006)

Ardmore Construction Ltd v. Taylor Woodrow Construction Limited [2006] ScotCS CSOH_3 (12 January 2006)

The adjudicator decided the overtime claim on grounds (verbal instructions/acquiescence) not advanced by the pursuers or argued before him, and the defenders were not given notice or opportunity to respond. This was a material breach of natural justice. The award in respect of overtime payment must be reduced.

Citation
[2006] ScotCS CSOH_3
Parties
Pursuer: Ardmore Construction Limited; Defender: Taylor Woodrow Construction Limited
Jurisdiction
Scotland
Judgment Date
12 January 2006
Procedural Posture
Commercial Action (construction Adjudication Enforcement) / Judgment After Proof Before Answer
Outcome
Adjudicator's award in respect of overtime payment reduced (set aside) for breach of natural justice.
Legal Topics
Adjudication Enforcement, Natural Justice, Jurisdiction of Adjudicator, Overtime Payment Claims, Contractual Interpretation
Construction Law Contract Law Civil Procedure Adjudication Enforcement Natural Justice Jurisdiction of Adjudicator Overtime Payment Claims Contractual Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ardmore Construction Limited

Pursuer

Taylor Woodrow Construction Limited

Defender

Procedural Posture

Commercial Action (construction Adjudication Enforcement) / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether the adjudicator breached natural justice by deciding on grounds not argued before him
  2. 2 Whether the pursuers' entitlement to overtime payment could be based on verbal instructions or acquiescence not previously advanced
  3. 3 Whether the adjudicator's award in respect of overtime payment should be reduced

Ratio Decidendi

The adjudicator decided the overtime claim on grounds (verbal instructions/acquiescence) not advanced by the pursuers or argued before him, and the defenders were not given notice or opportunity to respond. This was a material breach of natural justice. The award in respect of overtime payment must be reduced.

Court Disposition

Adjudicator's award in respect of overtime payment reduced (set aside) for breach of natural justice.

Orders

  • The award in respect of overtime payment is reduced and not enforceable against the defenders.