(428)  HOLYROOD PRE-CONTRACT LIABILITY CASE BEGINS

The action by Sir Robert McAlpine Construction Management Ltd against the Scottish Parliament Corporate Body (No 413) in respect of the tendering procedures for the Scottish Parliament building at Holyrood (see No 413) began before Lord Clarke in the commercial court of the Court of Session on 2 February 2005.  The case was continued until 23 March, but the proceedings made clear that prescription would be an initial issue (the events in question took place more than five years ago, in 1998-99), while there was also a question about whether the tender competition was on the basis of lowest price (McAlpine’s position) or most economic advantage (the SPCB position).  That further defenders might be called was also a possibility.