CA162/03, 14 Apr /2004. The pursuer R entered into a construction contract with the defender P, which ended in a dispute arising. An adjudicator was appointed under the procedures set out in the Scheme for Construction Contracts (Scotland) Regulations 1998. The adjudicator was required to reach his decision no later than 28 days after the date of the referral notice, unless the referring party consented to a longer period of 42 days. The undated referral notice was posted on 18 September 2003 by special delivery, but delivery was unsuccessful and the adjudicator did not collect the notice until 23 September. He finally delivered his decision on 27 October. P maintained that the decision was "ultra vires" because the period for giving it had expired on 16 October and that the adjudicator's jurisdiction had ceased five days prior to a request for more time, made on 21 October. The adjudicator maintained the relevant decision date was 27 October, the date of its delivery in writing. R argued the appropriate date was 23 September, when the referral notice had been received and that the referring party had consented to the extended period of 42 days. A decree "de plano" was granted to R. View judgment at www.scotscourt.gov.uk.