Carillion Utility Services Ltd v SP Power Systems Ltd [2011] ScotCS CSOH_138 (18 August 2011)

Carillion Utility Services Ltd v SP Power Systems Ltd [2011] ScotCS CSOH_138 (18 August 2011)

The contract does not provide that lamping and guarding costs when Carillion's personnel were not on site are in all circumstances included in the rates for works. Item 26 of the Schedule applies to lamping and guarding of joint bays when not otherwise covered by other rates. The claim is not irrelevant and should proceed to proof.

Citation
[2011] ScotCS CSOH_138
Parties
Pursuer: Carillion Utility Services Limited; Defender: SP Power Systems Limited
Jurisdiction
Scotland
Judgment Date
18 August 2011
Procedural Posture
Commercial Contract Dispute / Interlocutory Decision on Relevancy (motion to Dismiss)
Outcome
Defender's motion to dismiss refused; action to proceed to further procedure.
Legal Topics
Interpretation of Contract Terms, Payment for Works Under Framework Agreements, Obligations Under Statutory Regulations, Scope of Inclusive Rates in Construction Contracts
Contract Law Construction Law Interpretation of Contract Terms Payment for Works Under Framework Agreements Obligations Under Statutory Regulations Scope of Inclusive Rates in Construction Contracts

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Parties

Carillion Utility Services Limited

Pursuer

SP Power Systems Limited

Defender

Procedural Posture

Commercial Contract Dispute / Interlocutory Decision on Relevancy (motion to Dismiss)

Legal Issues

  1. 1 Whether the contract entitles Carillion to payment for lamping and guarding during periods when its personnel were not on site (the 'repair period')
  2. 2 Whether the inclusive rates in the contract cover lamping and guarding during all periods of open excavation
  3. 3 Whether Item 26 of the Schedule applies to lamping and guarding during the repair period

Ratio Decidendi

The contract does not provide that lamping and guarding costs when Carillion's personnel were not on site are in all circumstances included in the rates for works. Item 26 of the Schedule applies to lamping and guarding of joint bays when not otherwise covered by other rates. The claim is not irrelevant and should proceed to proof.

Court Disposition

Defender's motion to dismiss refused; action to proceed to further procedure.

Orders

  • No averments deleted at this stage; parties to consider pleadings in light of findings.
  • Case to be put out by order to hear parties on further procedure.