Forrest v Fleming Buildings Ltd & Ors [2014] ScotCS CSOH_158 (29 October 2014)

Forrest v Fleming Buildings Ltd & Ors [2014] ScotCS CSOH_158 (29 October 2014)

The only submission to succeed was the time-bar argument regarding the anxiety and distress claim, which was dismissed. All other arguments for dismissal were refused, as the pursuer's averments were sufficient to allow proof before answer on the remaining claims. The issues of assignation and sisting of Mr Forrest as a pursuer were reserved for further consideration.

Citation
[2014] ScotCS CSOH_158
Parties
Pursuer: Jane Forrest; First Defender: Fleming Buildings Limited; Second Defender: Gibb Architects Limited
Jurisdiction
Scotland
Judgment Date
29 October 2014
Procedural Posture
Commercial Action (construction Contract Dispute) / Debate on Motions for Dismissal; Interlocutory Decision
Outcome
Partial dismissal; action otherwise proceeds to proof before answer.
Legal Topics
Breach of Contract, Architect's Duties, Damages for Defective Works, Reduction of Certificates, Liquidated Damages, Negative Prescription, Assignment of Claims
Contract Law Construction Law Professional Negligence Breach of Contract Architect's Duties Damages for Defective Works Reduction of Certificates Liquidated Damages +2 more

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Parties

Jane Forrest

Pursuer

Fleming Buildings Limited

First Defender

Gibb Architects Limited

Second Defender

Procedural Posture

Commercial Action (construction Contract Dispute) / Debate on Motions for Dismissal; Interlocutory Decision

Legal Issues

  1. 1 Whether the construction contract remains extant or has terminated
  2. 2 Whether the pursuer's claims are limited to liquidated damages for delay
  3. 3 Whether damages for diminution in value are recoverable

Ratio Decidendi

The only submission to succeed was the time-bar argument regarding the anxiety and distress claim, which was dismissed. All other arguments for dismissal were refused, as the pursuer's averments were sufficient to allow proof before answer on the remaining claims. The issues of assignation and sisting of Mr Forrest as a pursuer were reserved for further consideration.

Court Disposition

Partial dismissal; action otherwise proceeds to proof before answer.

Orders

  • Dismissal of the claim for anxiety and distress (£20,000) under the fourth conclusion.
  • Refusal of motions for dismissal of the action as a whole.