Morgan Sindall Construction and Infrastructure Ltd v Westcrowns Contracting Services Ltd

Construction contract – Adjudication – Enforcement – Adjudicator's jurisdiction. Court of Session: In an action in which the pursuer sought to enforce an adjudicator's decision ordering the defender to pay it a sum in relation to works the defender had carried out under a sub-contract for the installation of flooring, the court held that the defender was now barred from contending that the adjudicator had acted outwith his jurisdiction, and in any event he did not decide on matters which were outwith the scope of the dispute referred to him and thereby outwith his jurisdiction: it also rejected the defender's contentions that the adjudicator had dealt with two disputes when he was entitled to deal only with one; that he had left a relevant consideration out of account; that he had acted in a way which was procedurally unfair; and that he had failed to exhaust his jurisdiction in respect of a particular matter or to give reasons or intelligible reasons for his decision on that matter.

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