Construction

Reinwood Limited v L Brown & Sons Limited

Thu, 11 Dec 2008 10:35:00 GMT

In a 2008 House of Lords decision relating to withholding notices, a Contractor claimed to be entitled to determine its JCT '98 Private with Quantities contract on the ground (amongst others) that the Employer had repeatedly failed to make payment of sums due under the contract by the final date for payment.

FIRST) CSC BRAEHEAD LEISURE LIMITED and (SECOND) CAPITAL & REGIONAL (BRAEHEAD) LIMITED v (FIRST) LAING O'ROURKE SCOTLAND LIMITED and (SECOND) LAING O'ROURKE PLC [2008] CSOH 93

Thu, 26 Jun 2008 09:11:00 GMT

Commercial action. Pursuers were developers of Braehead Retail and Leisure Development. The development included a lease to Odeon Cinemas for a “multiplex” cinema containing 12 auditoria. The pursuers contracted with the first defenders for building works to be carried out. Further, Odeon Cinemas own contractors were to carry out “tenant works” throughout the development. The defenders’ motion was to allow a counterclaim and to grant warrant to serve third party notices on four parties. Argued that motion should not be granted due to complexity and cost it would add. Argued that if motion not granted, likelihood of successive actions involving investigations of the same body of evidence. Motion granted.

Glasgow Airport Limited v. Messrs Kirkman & Bradford [2007] CSIH 47

Wed, 06 Jun 2007 00:00:00 GMT

Reclaiming Motion - Construction of Contract

The Assessor for Grampian Valuation Joint Board v. Ian Fraser [2006] CSIH 55

Wed, 29 Nov 2006 00:00:00 GMT

Appeal under section 82(4) of the Local Government

Melville Dundas Ltd v. Hotel Corporation of Edinburgh Limited [2006] CSOH 136

Thu, 07 Sep 2006 00:00:00 GMT

Proof Before Answer - Building Contract

Melville Dundas Ltd v. Hotel Corporation of Edinburgh Limited [2006] CSOH 136

Thu, 07 Sep 2006 00:00:00 GMT

Proof Before Answer - Building Contract

W.F. Price Roofing Limited v. Balfour Beattie Construction Limited

Fri, 04 Aug 2006 00:00:00 GMT

Appeal to Sheriff Principal

City Inn Limited v Shepherd Construction Limited [2006] CSOH 94

Tue, 20 Jun 2006 00:00:00 GMT

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 liquidated and ascertained damages that would have been due by the defenders if no extension of time had been granted and the Completion Date was 20 August 1999. Any entitlement that the pursuers have to those sums depends on whether they are correct in stating that no extension of time should have been granted. The defenders lodged a counterclaim that related to the system of piling used in the foundations of the hotel the basis of which the defenders averred was accepted by the pursuers and that the contract was concluded on that basis.

Musselborough and Fisherow Co-Operative Society Limited v Mowlem Scotland Limited [2006] CSOH 39

Tue, 07 Mar 2006 00:00:00 GMT

Civil Proof - Breach of Building Contract:

Ardmore Constructions Limited v Taylow Woodrow Construction Limited

Thu, 12 Jan 2006 00:00:00 GMT

Commercial/Construction

Robertson Group (Construction) Limited v. Amey-Miller (Edinburgh) Joint Venture+ (SECOND) Amey Programme Management Limited + (THIRD) Miller Construction (UK) Limited

Tue, 10 May 2005 00:00:00 GMT

Construction/Debate/Interpretation: