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Construction Group Centre Ltd v Highland Council

Series: Building Law Reports ; [2002] 10 BLR 476-488(13)Publication details: 2002Subject(s): Online resources: Summary: 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.

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.