VAN OORD UK LTD AGAINST DRAGADOS UK LTD [2022] ScotCS CSOH_30 (07 April 2022)

The adjudicator adopted a baseline programme and critical date not canvassed with the parties, depriving the defender of the opportunity to advance a time bar argument; this constituted a material breach of natural justice and vitiated the decision.

Citation: [2022] ScotCS CSOH_30
Parties: Pursuer: Van Oord UK Limited; Defender: Dragados UK Limited
Jurisdiction: Scotland
Judgment Date: 07 April 2022
Procedural Posture: Commercial Construction Dispute / Judgment Following Debate on Enforceability of Adjudicator's Decision
Outcome: Adjudicator's decision reduced in its entirety; decree of absolvitor granted; all questions of expenses reserved.
Legal Topics: Adjudication Enforcement, Natural Justice, Time Bar, Compensation Events, Critical Delay

Construction Law Contract Law Procedural Law Adjudication Enforcement Natural Justice Time Bar Compensation Events Critical Delay

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Parties

Van Oord UK Limited

Pursuer

Dragados UK Limited

Defender

Procedural Posture

Commercial Construction Dispute / Judgment Following Debate on Enforceability of Adjudicator's Decision

Legal Issues

1 Whether the adjudicator breached principles of natural justice by deciding on a basis not canvassed with the parties
2 Whether the adjudicator's decision in respect of CEN 048 is enforceable or falls to be reduced

Ratio Decidendi

Court Disposition

Adjudicator's decision reduced in its entirety; decree of absolvitor granted; all questions of expenses reserved.

Orders

Sustain defender's second and third pleas in law
Reduce adjudicator's decision in its entirety