Ian Drummond

Ian Drummond of Burness & Co, Edinburgh comments in more detail on a recent Court of Session Decision on Adjudicators Reasons

CONSTRUCTION ADJUDICATION

THE GIVING OF REASONS BY ADJUDICATORS

(1) When are reasons required? Most adjudication rules (e.g. those contained in the Scottish Building Contract Conditions) only require an adjudicator to give reasons to support his/her decision at the request of one of the parties to the adjudication.

A sub-contractor's recovery of acceleration costs has added to the options open to contractors in delay. The court's judgment in Motherwell Bridge Construction Limited –v- Micafil (November 2002, TCC) was issued without much comment, but heralds an important new approach by the courts.