Robert Walkingshaw against Glenalmond Trading Investments Ltd (Sheriff Court Civil) [2024] SCPER 47 (14 November 2024)

Robert Walkingshaw against Glenalmond Trading Investments Ltd (Sheriff Court Civil) [2024] SCPER 47 (14 November 2024)

The defender materially breached the contract by failing to install the screed and topping to the agreed tolerances, failing to prepare the base and apply primers adequately, and failing to provide for movement joints, resulting in catastrophic structural failure of the topping. The pursuer was entitled to recover the reasonable costs of remedial works, joinery, redecoration, and associated losses, less the contract price withheld. The defender's counterclaim was dismissed.

Citation
[2024] SCPER 47
Parties
Pursuer: Robert Walkingshaw; Defender: Glenalmond Trading Investments Ltd
Jurisdiction
Scotland
Judgment Date
14 November 2024
Procedural Posture
Sheriff Court Civil (ordinary Cause) / Judgment After Proof (trial)
Outcome
Defender found liable to pay pursuer £7,120.85 with interest; counterclaim dismissed; expenses reserved.
Legal Topics
Breach of Contract, Implied Terms, Damages, Building Works, Expert Evidence
Contract Law Construction Law Breach of Contract Implied Terms Damages Building Works Expert Evidence

Case Brief

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Parties

Robert Walkingshaw

Pursuer

Glenalmond Trading Investments Ltd

Defender

Procedural Posture

Sheriff Court Civil (ordinary Cause) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defender breached the contract by failing to install the screed and topping to the agreed standard and specification
  2. 2 Whether the pursuer is entitled to damages for remedial works and associated losses
  3. 3 Whether the defender is entitled to set-off/counterclaim for unpaid contract price

Ratio Decidendi

The defender materially breached the contract by failing to install the screed and topping to the agreed tolerances, failing to prepare the base and apply primers adequately, and failing to provide for movement joints, resulting in catastrophic structural failure of the topping. The pursuer was entitled to recover the reasonable costs of remedial works, joinery, redecoration, and associated losses, less the contract price withheld. The defender's counterclaim was dismissed.

Court Disposition

Defender found liable to pay pursuer £7,120.85 with interest; counterclaim dismissed; expenses reserved.

Orders

  • Defender to pay pursuer £7,120.85 with interest at 4% per annum from 20 August 2018 on £2,094.38 and from 3 April 2019 on £5,026.47.
  • Pursuer's second crave dismissed as unnecessary.