VAN OORD UK LTD v DRAGADOS UK LTD

[2022] CSOH 30, Outer House, Court of Session, Lord Braid, 7 April 2022

Adjudication – Natural justice – Adjudicator adopting a position which had not previously been considered by the parties or their experts

The present case is a further instalment in an ongoing series of adjudications between the parties. This case arose out of the sixth of these adjudications. The particular issue which gave rise to the litigation in the present case was whether the pursuer was entitled to an extension of time and prolongation costs in respect of a compensation event which was referred to as “CEN 048”.