The council says it has been short-changed in a land deal that it entered with the contractor. In 2004 it sold Stewart Milne and 11 acre site in Westhill for £365,000 on the condition that it shared in any future profit. Stewart Milne Group subsequently sold the land in 2006 for no profit to Stewart Milne Westhill. The site is now houses a campus for subsea engineering and offices.
The council sued Stewart Milne Group, claiming that the second sale undervalued the land.
The Court of Session backed the council and ordered the construction company to pay £1.7m. Stewart Milne appealed but the decision was upheld last October.
Stewart Milne has continued to refuse to pay, taking the case to the Supreme Court in London, which will hear it on 10 November.