Morgan Sindall Construction and Infrastructure Ltd v Westcrowns Contracting Services Ltd

[2017] CSOH 145

Another short reminder.

This was an adjudication enforcement case about liability for alleged defective flooring. Westcrowns said that the adjudicator had decided on matters which were outside the scope of the dispute referred to him and/or had dealt with two disputes when only entitled to deal with one. MS said that Westcrowns were barred from relying on the first ground on the grounds that, although they could have done, they had not taken this point in the course of the adjudication and so were now barred from doing so.

Lord Clark noted that the jurisdictional challenge did not arise until the Rejoinder. The basis for that challenge now was that there were two disputes. Therefore it was not a point that had been taken during the adjudication and Westcrowns were now barred from raising this challenge to jurisdiction.

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