Eversheds has successfully acted for Dublin-based building company John Sisk & Son, in a dispute against Spanish specialist power plant building company Duro Felguera. The verdict ordered Duro Felguera to pay £10m plus interest to the Dublin construction firm.

Duro and Sisk were in dispute over the correct price for work under contract after Duro commissioned Sisk to carry out engineering works at a gas power plant in the UK.

In October 2015, an adjudicator ordered Duro to pay Sisk £10m, but Duro disagreed, resulting in Sisk taking the case to the High Court to enforce the adjudicator’s decision. Duro alleged amongst other matters that there was “predetermination” of certain issues before the adjudication issued his final decision, which was therefore unenforceable. The High Court rejected Duro’s claim.

Mary Anne Roff, construction and engineering partner at Eversheds, explains:

“Duro’s claim was that the adjudicator had ‘predetermined’ the issues and also wrongfully delegated some of his decision-making role, breaching “natural justice”. However, it was judged that this part of the claim “failed on every ground”.

“The judgment is another illustration of the principle that the courts will critically examine allegations of breach of natural justice, when they are raised by parties seeking to avoid complying with adjudicators’ decisions.”

The Eversheds team was led by partner Mary Anne Roff assisted by senior associate Lucy Frith.