By Euan Dow on 06/06/2007 00:00
Reclaiming Motion - Construction of Contract
In this action the pursuers sought to recover £2 million with interest as damages for breach of a collateral warranty provided by the defenders on 18 June 1999. It was averred that the tenants, after taking occupation of the premises, experienced serious problems and difficulties with the floor slab. The pursuers claimed that the problems were the result of the defenders' failure to exercise reasonable skill and care in the performance of their duties under the Appointment. The defenders denied ...
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By Euan Dow on 29/11/2006 00:00
Appeal under section 82(4) of the Local Government
This was an appeal by the assessor for Grampian under section 82(4) of the Local Government Finance Act 1992 against a decision of the Valuation Appeal Committee for Moray dated 15 November 2005. It arose from the assessor's decision to alter the Valuation List in relation to a house at 81 Highfield, Forres by transferring it from valuation band C to band D with effect from 10 August 2001. The former owner of the house appealed to the Committee on the ground that the alteration should have been ...
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By Euan Dow on 07/09/2006 00:00
Prior to 2003 the parties entered into a contract for the internal fit out of the Sheraton Hotel Spa Building. Following completion of the main works various defects, some of them substantial, emerged in the work that had been carried out. The most significant of the defects related to the external glazing around the spa area, where cracking had appeared. The parties disputed who was responsible for the cracking
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By Euan Dow on 07/09/2006 00:00
Prior to 2003 the parties entered into a contract for the internal fit out of the Sheraton Hotel Spa Building. Following completion of the main works various defects, some of them substantial, emerged in the work that had been carried out. The most significant of the defects related to the external glazing around the spa area, where cracking had appeared. The parties disputed who was responsible for the cracking
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By Euan Dow on 04/08/2006 00:00
Appeal to Sheriff Principal
The sub-contract between the parties provided that the sub-contractor shall be liable for the cost of restoration of sub-contract work lost or damaged and replacement or repair of site materials for the sub-contract works except where such loss is caused by inter alia a specified peril. The definition of specified peril included "storm, tempest, flood". Here the dispute between the parties arises because the pursuers contended that the damage to the roof sheets was caused by "storm". The pursuer ...
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By Euan Dow on 20/06/2006 00:00
The pursuers and the defenders were the employer and the contractor, respectively, under a building contract for the construction of a hotel at Finnieston Quay, Glasgow. The pursuers contended that the defenders were not entitled to any extension of time beyond the original contractual completion date of 20 August 1999. The first conclusion of the summons was for declarator that the Completion Date was 20 August 1999. The second and third conclusions were for payment of the total sum of liquidat ...
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By Euan Dow on 07/03/2006 00:00
Civil Proof - Breach of Building Contract:
This case was related to certain defects in a swimming pool forming part of a leisure centre at Fisherrow, usselburgh. The leisure centre was constructed for the pursuers by the defenders under a design and build contract. The defenders pled that any obligation which they may have had to pay damages to the pursuers had been extinguished by the five year negative prescription provided for under section 6 of the Prescription and Limitation (Scotland) Act 1973. A preliminary proof before answer was ...
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By Euan Dow on 12/01/2006 00:00
Commercial/Construction
The pursuers seek payment of certain sums which were awarded to them by a decision of an adjudicator and which the defenders have refused to pay. In January the court heard an opposed motion by the pursuers for interim decree in respect of four of the awards made by the Adjudicator together with certain interest. This motion was granted. The remaining element of the Adjudicator's decision is in respect to of the pursuers' claim for payments in respect of overtime work. The defenders sought to re ...
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By Euan Dow on 10/05/2005 00:00
Judge being asked to determine the meaning of "all direct costs and directly incurred losses" as it is used in a letter forming the basis of the contract between the parties. Comparison of this expression and the phrase "direct loss and/or expense" as used in the JCT forms of contract.
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