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Adjudicator’s own assessment of delay breached the rules of natural justice (Van Oord v Dragados)

Published on: 12 April 2022
Published by: LexisPSL
  • Adjudicator’s own assessment of delay breached the rules of natural justice (Van Oord v Dragados)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Construction analysis: The Court of Session declined to enforce an adjudicator’s decision because the adjudicator had assessed the impact of a delay event without giving the parties sufficient opportunity to comment on his analysis. The adjudicator’s assessment was not merely an intermediate position between the parties’ delay experts, and so his failure to canvass his proposed approach with the parties was a material breach of the rules of natural justice. or take a trial to read the full analysis.

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