|
|
|
|
| Motorway construction contract followed by a 30 year maintenance agreement. Dispute over contractual definition of defect. Held : In the absence of cross referencing the construction contract must be construed on its own terms : definition required perfection. Defects not limited to fault. Contractor had to repair at his own cost. Outer House, Court of Session. 4th May 2007. |
| by Lord Clarke. Crown Copyright |
|
|
|
| Fair dealing – implied terms : Owner having contracted for the development of a site subject to a percentage of profit, sold off part of that site. Was this a breach of contract – preventing the full exploitation of the development contract. YES. Damages. Chancery 7th June 2007 |
| by Mr Justice Morgan : Crown Copyright |
|
|
|
| Retentions funds : Building Contract, Private Edition, with Contractor\'s Design Portion Supplement, 1998 edition Clause 30.5.1 :- The employer\'s interest in the retention is fiduciary as trustee for the contractor and for any nominated subcontractor (but without obligation to invest). Employer here sought to ensure an account was set up and funded. TCC. 30th November 2007. |
| by Mr Justice Akenhead : Crown Copyright |
|
|
|
| Damages recoverable under a collateral warranty : costs & consequential losses suffered by the pursuers as a direct result of the defenders breach. Outer House Court of Session. 8th March 2007 |
| by Lord Clarke : Crown Copyright |
|
|
|
| Damages recoverable under a collateral warranty not restricted in scope under terms of contract and not adversely affected by assignment and extend to consequential losses suffered by the pursuers as a direct result of the defenders breach. Extra Div Inner House Court of Session. 6th June 2007 |
| by Lord Kingarth; Lord Eassie; Lord Wheatley. Crown Copyright |
|
|
|
| Settlement : recovery from 3rd party : Where A settles a dispute – to what extent if at all is it possible to use that figure as a basis for recovery from a third party : Held : Recoverable if reasonable : definition of reasonable – irrespective of whether liability proven at law. TCC. 27th June 2007. |
| by HHJ Peter Coulson : Crown Copyright |
|
|
|
| Joint venture agreement to develop a site : Break down of relationship before construction took place but after planning permission secured. Quantum meruit not applicable : Accounting of profits due by virtue of proprietary estoppel. Inequitable to deprive the respondent of his share of profit in the venture. CA. 28th February 2007 |
| by Maurice Kay LJ; Wilson LJ; Sir Peter Gibson. Crown Copyright |
|
|
|
| Whether or not the parties concluded a contract. QBD. 1st May 2007 |
| by Mr Justice Mackay. Crown Copyright |
|
|
|
| LADS : Progress Payments : Notice of determination for non payment. JCT form. Where a notice of non-completion giving rise to LADs is overtaken by an extension of time the right to deduct continues - albeit with a duty to repay excess deductions within a reasonable time. A payment with deducted LADS is a valid payment - so a notice of termination for non-payment is not valid. CA. 21st June 2007 |
| by Mummery LJ; Arden LJ; Dyson LJ. Crown Copyright |
|
|
|
| Unit / fixed price contract : Where there is substantial performance - in the absence of express terms for a variation of the price - the full price becomes due. CA. 4th July 2007 |
| by Waller LJ; Keene LJ; Dyson LJ. |
|
|
|
| Privity : Whether employer contracted to pay sub-contractor where main contractor enters into liquidation. TCC. 3rd May 2007 |
| by HHJ Coulson. Crown Copyright |
|
|
|
| Supervisory role of the architect - whether a finding of serious professional incompetence justified in the circumstances of the case viz failure to supervise between builder & specialist suppliers in relation to a complex roof design. Held : Finding justified. 16th March 2007 |
| by Mr Justice Collins. Crown Copyright |
|
|
|
| Condition 4.24.1.1 SBCC Domestic Sub-Contract conditions Dom/C/Scot 1997 edn (August 1998 revision) \"Where Sub-Contract Dom/A/Scot clause 1.2 applies, not later than 6 months after practical completion of the Sub-Contract Works the Sub Contractor shall send to the contractor all documents necessary for the purpose of computing the Ascertained Final Sub Contract sum.\" does not operate as a bar to financial claims by the sub-contractor for payment in terms of the contract in circumstances where the sub-contractor has not within six months after practical completion of the sub-contract works sent to the contractor documents necessary for the purpose of completing the ascertained final contract sum such as to include that financial claim. Sheriff\'s Court, Glasgow, 28th September 2007. |
| by Sheriff Principal James A Taylor, Crown Copyright. |
|
|
|
| Reciprocal rights and duties of underwriter and assured under a builders guarantee scheme. 25th May 2007. |
| by HHJ Peter Coulson. Crown Copyright |
 |
Our publications are provided in PDF format, in order to view them you will need Adobe's free Acrobat reader. Acrobat reader can be downloaded from Adobe by following the link to your left. |
|
|
