Strathmore Building Services Ltd v Greig [2000] ScotCS 133 (25 May 2000)

Strathmore Building Services Ltd v Greig [2000] ScotCS 133 (25 May 2000)

The defender did not comply with the statutory requirement to provide a written notice of intention to withhold payment after the application for payment was made; therefore, no real arbitral dispute arises and the motion to sist for arbitration is refused.

Citation
[2000] ScotCS 133
Parties
Pursuer: Strathmore Building Services Limited; Defender: Colin Scott Greig t/a Hestia Fireside Design
Jurisdiction
Scotland
Judgment Date
25 May 2000
Procedural Posture
Commercial Construction Contract Dispute / Motion to Sist (stay) for Arbitration
Outcome
Defender's motion to sist for arbitration refused; defender's first plea-in-law repelled.
Legal Topics
Construction Contracts, Arbitration Clauses, Payment Disputes, Statutory Notice Requirements
Construction Law Contract Law Arbitration Construction Contracts Arbitration Clauses Payment Disputes Statutory Notice Requirements

Case Brief

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Parties

Strathmore Building Services Limited

Pursuer

Colin Scott Greig t/a Hestia Fireside Design

Defender

Procedural Posture

Commercial Construction Contract Dispute / Motion to Sist (stay) for Arbitration

Legal Issues

  1. 1 Whether a dispute exists requiring the court to sist the action for arbitration under the contract's arbitration clause
  2. 2 Whether the defender complied with statutory and contractual notice requirements to withhold payment under the Housing Grants, Construction and Regeneration Act 1996

Ratio Decidendi

The defender did not comply with the statutory requirement to provide a written notice of intention to withhold payment after the application for payment was made; therefore, no real arbitral dispute arises and the motion to sist for arbitration is refused.

Court Disposition

Defender's motion to sist for arbitration refused; defender's first plea-in-law repelled.

Orders

  • Defender's first plea-in-law repelled
  • No order made on pursuer's further motion pending opportunity for defender to consider position