FIELD SYSTEMS DESIGNS LTD AGAINST MW HIGH TECH PROJECTS UK LTD [2020] ScotCS CSOH_17 (05 February 2020)

FIELD SYSTEMS DESIGNS LTD AGAINST MW HIGH TECH PROJECTS UK LTD [2020] ScotCS CSOH_17 (05 February 2020)

The adjudicator did not fail to address the Subcontract/JV point in a material way; any failure to provide reasons was not material and did not affect the enforceability of the decision. The defender’s arguments do not discharge the burden of showing a material failure. The adjudicator’s decision is enforceable, and the parties are jointly and severally liable for the adjudicator’s fees.

Citation
[2020] ScotCS CSOH_17
Parties
Pursuer: Field Systems Designs Limited; Defender: MW High Tech Projects UK Limited
Jurisdiction
Scotland
Judgment Date
05 February 2020
Procedural Posture
Commercial Construction Enforcement / Outer House, Court of Session, Post Adjudication Enforcement
Outcome
Pursuer's pleas sustained, defender's pleas repelled, decree granted in terms of the conclusions of the summons.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Materiality of Failure to Address Defence, Severability of Adjudicator's Decision, Liability for Adjudicator's Fees
Construction Law Contract Law Adjudication Enforcement Jurisdiction of Adjudicator Materiality of Failure to Address Defence Severability of Adjudicator's Decision Liability for Adjudicator's Fees

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Parties

Field Systems Designs Limited

Pursuer

MW High Tech Projects UK Limited

Defender

Procedural Posture

Commercial Construction Enforcement / Outer House, Court of Session, Post Adjudication Enforcement

Legal Issues

  1. 1 Whether the adjudicator failed to exhaust jurisdiction regarding the Subcontract/JV issue
  2. 2 Whether the adjudicator provided adequate reasons for his decision
  3. 3 Whether any failure was material and affected enforceability

Ratio Decidendi

The adjudicator did not fail to address the Subcontract/JV point in a material way; any failure to provide reasons was not material and did not affect the enforceability of the decision. The defender’s arguments do not discharge the burden of showing a material failure. The adjudicator’s decision is enforceable, and the parties are jointly and severally liable for the adjudicator’s fees.

Court Disposition

Pursuer's pleas sustained, defender's pleas repelled, decree granted in terms of the conclusions of the summons.

Orders

  • Enforcement of adjudicator’s decision in favour of pursuer
  • Joint and several liability for adjudicator’s fees