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Projects, Construction & Infrastructure

19 April 2021
Jeremy Glover Fraserburgh Harbour Commissioners v McLaughlin & Harvey Ltd

United Kingdom - Fenwick Elliott Solicitors

In a recent case, the Outer House of the Scottish Court of Session considered whether Clause W2.4 of the New Engineering Contract 3, in the form agreed between the parties, operated as a contractual bar to preclude resorting to the courts (or arbitration) if a dispute between the parties which fell within the scope of Clause W2 had not first been referred to adjudication.

Author: Jeremy Glover
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