Shaw v James Scott Builders & Company & Anor [2010] ScotCS CSOH_68 (26 May 2010)

Shaw v James Scott Builders & Company & Anor [2010] ScotCS CSOH_68 (26 May 2010)

The parties are to be taken as having agreed, by their conduct and in particular the defender's silence, to be bound by the contractual document attached to the email of 23 November 2005, subject to qualifications regarding the completion date and design responsibility. The contract document did not retrospectively impose strict completion dates or design responsibility for certain specialist works. No issue of personal bar or acquiescence arises as there was no detrimental reliance after November 2005.

Citation
[2010] ScotCS CSOH_68
Parties
Pursuer: Jean Shaw; Defender: James Scott Builders & Company &C
Jurisdiction
Scotland
Judgment Date
26 May 2010
Procedural Posture
Civil (construction Contract Dispute) / Post Proof, Opinion Issued, Case Put Out by Order for Further Procedure
Outcome
Case put out by order for further procedure; no final declarator granted at this stage.
Legal Topics
Contract Formation, Standard Form Contracts, Personal Bar, Acquiescence, Contractual Terms, Design Responsibility, Contract Price
Contract Law Construction Law Contract Formation Standard Form Contracts Personal Bar Acquiescence Contractual Terms Design Responsibility +1 more

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Parties

Jean Shaw

Pursuer

James Scott Builders & Company &C

Defender

Procedural Posture

Civil (construction Contract Dispute) / Post Proof, Opinion Issued, Case Put Out by Order for Further Procedure

Legal Issues

  1. 1 What were the governing contractual terms between the parties?
  2. 2 Was the contract governed by the formal contract document of November 2005?
  3. 3 Are the defenders barred from asserting the contrary by personal bar or acquiescence?

Ratio Decidendi

The parties are to be taken as having agreed, by their conduct and in particular the defender's silence, to be bound by the contractual document attached to the email of 23 November 2005, subject to qualifications regarding the completion date and design responsibility. The contract document did not retrospectively impose strict completion dates or design responsibility for certain specialist works. No issue of personal bar or acquiescence arises as there was no detrimental reliance after November 2005.

Court Disposition

Case put out by order for further procedure; no final declarator granted at this stage.

Orders

  • Parties to produce and lodge short notes of their proposals for further procedure.