Construction Group Centre Ltd v Highland Council
Construction Group Centre Ltd v Highland Council
- 2002
- Building Law Reports [2002] 10 BLR 476-488(13) .
CSOH 23 August 2002. The pursuers (C) brought proceedings for payment of an adjudicator's award, which the defenders (H) contended on the grounds that: the award was provisional, and the contract's arbitration provisions would not allow the arbiter to take into account a final Court decree in accordance with the adjudicator's decision; they had a larger claim against C for the payment of liquidate damages. "Held": C was required by the contract to implement the adjudicator's decision regardless of whether it was right or wrong; if the decree was granted the arbiter could still award C less than had been paid under that decree; H had lost their right of retention as they had not advanced it at the proper time during the course of the adjudication (see also Abs65934). View judgment at www.scotcourts.gov.uk.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
CONSTRUCTION CENTRE GROUP LTD V HIGHLAND COUNCIL
CONSTRUCTION DISPUTES
DAVID MCLEAN HOUSING CONTRACTORS LTD V SWANSEA HOUSING ASSOCIATION LTD
K N S INDUSTRIAL SERVICES (BIRMINGHAM) LTD V SINDALL LTD
LIQUIDATED DAMAGES
SOLLAND INTERNATIONAL LTD V DARAYDAN HOLDINGS LTD
CSOH 23 August 2002. The pursuers (C) brought proceedings for payment of an adjudicator's award, which the defenders (H) contended on the grounds that: the award was provisional, and the contract's arbitration provisions would not allow the arbiter to take into account a final Court decree in accordance with the adjudicator's decision; they had a larger claim against C for the payment of liquidate damages. "Held": C was required by the contract to implement the adjudicator's decision regardless of whether it was right or wrong; if the decree was granted the arbiter could still award C less than had been paid under that decree; H had lost their right of retention as they had not advanced it at the proper time during the course of the adjudication (see also Abs65934). View judgment at www.scotcourts.gov.uk.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
CONSTRUCTION CENTRE GROUP LTD V HIGHLAND COUNCIL
CONSTRUCTION DISPUTES
DAVID MCLEAN HOUSING CONTRACTORS LTD V SWANSEA HOUSING ASSOCIATION LTD
K N S INDUSTRIAL SERVICES (BIRMINGHAM) LTD V SINDALL LTD
LIQUIDATED DAMAGES
SOLLAND INTERNATIONAL LTD V DARAYDAN HOLDINGS LTD