Miller Construction (UK) Ltd v Building Design Partnerhips Ltd [2014] ScotCS CSOH_80 (02 May 2014)

Miller Construction (UK) Ltd v Building Design Partnerhips Ltd [2014] ScotCS CSOH_80 (02 May 2014)

The adjudicator's reasoning was clear and coherent, and he was entitled to decide the dispute on the basis of the defenders' ongoing design obligations and involvement, even though they did not select the Renson units. There was no breach of natural justice, and the decision was within the scope of the dispute referred. Summary decree enforcing the adjudicator's award is granted.

Citation
[2014] ScotCS CSOH_80
Parties
Pursuer: Miller Construction (UK) Limited; Defender: Building Design Partnership Limited
Jurisdiction
Scotland
Judgment Date
02 May 2014
Procedural Posture
Commercial Enforcement of Adjudicator's Award / Summary Decree Application
Outcome
summary decree granted in favour of the pursuers
Legal Topics
Enforcement of Adjudicator's Award, Breach of Contract, Professional Negligence, Natural Justice, Summary Judgment
Construction Law Contract Law Civil Procedure Enforcement of Adjudicator's Award Breach of Contract Professional Negligence Natural Justice Summary Judgment

Case Brief

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Parties

Miller Construction (UK) Limited

Pursuer

Building Design Partnership Limited

Defender

Procedural Posture

Commercial Enforcement of Adjudicator's Award / Summary Decree Application

Legal Issues

  1. 1 Whether the adjudicator's reasoning was inadequate or incoherent
  2. 2 Whether there was a breach of natural justice by the adjudicator deciding on a basis not argued by the parties
  3. 3 Whether the defenders had contractual responsibility for the failed ventilation system despite not selecting the Renson units

Ratio Decidendi

The adjudicator's reasoning was clear and coherent, and he was entitled to decide the dispute on the basis of the defenders' ongoing design obligations and involvement, even though they did not select the Renson units. There was no breach of natural justice, and the decision was within the scope of the dispute referred. Summary decree enforcing the adjudicator's award is granted.

Court Disposition

summary decree granted in favour of the pursuers

Orders

  • Defenders ordained to pay £224,044.96 to the pursuers as part recompense for replacement of the defective ventilation system.