W.F. Price (Roofing) Ltd v. Primebuild Ltd [2007] ScotSC 73 (28 September 2007)

W.F. Price (Roofing) Ltd v. Primebuild Ltd [2007] ScotSC 73 (28 September 2007)

Clause 4.24.1.1 of the SBCC Domestic Sub-Contract does not operate as a strict time bar to sub-contractor payment claims; failure to provide documents within six months is a breach of contract potentially sounding in damages but does not preclude otherwise legitimate claims for payment.

Citation
[2007] ScotSC 73
Parties
Pursuers/appellants: W F Price (Roofing) Ltd; Defenders/respondents: Primebuild Ltd
Jurisdiction
Scotland
Judgment Date
28 September 2007
Procedural Posture
Appeal / Judgment on Appeal From Interlocutors of Sheriff
Outcome
Appeal allowed; interlocutors recalled and substituted; case remitted for further procedure.
Legal Topics
Interpretation of Contractual Time Bar Clauses, Sub Contractor Payment Claims, SBCC Domestic Sub Contract Conditions
Construction Law Contract Law Interpretation of Contractual Time Bar Clauses Sub Contractor Payment Claims SBCC Domestic Sub Contract Conditions

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Parties

W F Price (Roofing) Ltd

Pursuers/appellants

Primebuild Ltd

Defenders/respondents

Procedural Posture

Appeal / Judgment on Appeal From Interlocutors of Sheriff

Legal Issues

  1. 1 Whether clause 4.24.1.1 of the SBCC Domestic Sub-Contract Dom/C/Scot 1997 (August 1998 revision) imposes a strict six-month time bar on sub-contractor payment claims
  2. 2 Proper construction of contractual time bar provisions in construction contracts

Ratio Decidendi

Clause 4.24.1.1 of the SBCC Domestic Sub-Contract does not operate as a strict time bar to sub-contractor payment claims; failure to provide documents within six months is a breach of contract potentially sounding in damages but does not preclude otherwise legitimate claims for payment.

Court Disposition

Appeal allowed; interlocutors recalled and substituted; case remitted for further procedure.

Orders

  • Recalls interlocutor of 6 March 2007 regarding time bar finding and substitutes new finding on clause construction.
  • Recalls interlocutor of 5 June 2007 regarding time bar and decree of absolvitor.