Lord Drummond Young held that the question turned upon the construction of the construction consortium agreement. That agreement was only to be adjusted in accordance with variations made to the construction contract, and Va Tech's claim was independent of that contract and therefore Morgan was obliged to consent to the distribution of the money held in the joint account.
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The defender could have pursued the dispute over the ancillary services provided by adjudication. It was merely attempting to achieve an illegitimate negotiating position by interrupting the pursuer's cash flow.