BPL Contracts (Scotland) LTD against Beattie FRC LTD (Court of Session) [2026] CSOH 22 (06 March 2026)

BPL Contracts (Scotland) LTD against Beattie FRC LTD (Court of Session) [2026] CSOH 22 (06 March 2026)

The court found as a matter of fact that the Crown Wall sub-contract entitled the pursuer to 50% of the net profit made by the defender in completing the Crown Wall works under the contract with Aberdeen Harbour Board, with no deduction for overheads. The Pavement Slab sub-contract entitled the pursuer to 90% of the net profit. The court preferred the pursuer's expert evidence for allocation of labour and plant costs, and held that deductions agreed between the defender and Harbour Board should reduce the profit share. The defender's counterclaim failed as it was predicated on a rejected version of the contract.

Citation
[2026] CSOH 22
Parties
Pursuer: BPL Contracts (Scotland) Limited; Defender: Beattie FRC Limited
Jurisdiction
Scotland
Judgment Date
06 March 2026
Procedural Posture
Ordinary Action / Final Judgment After Proof
Outcome
Declarators granted as sought by pursuer; defender's counterclaim dismissed.
Legal Topics
Oral Contracts, Profit Sharing, Sub Contract Disputes, Unjust Enrichment, Quantum Assessment
Contract Law Construction Law Oral Contracts Profit Sharing Sub Contract Disputes Unjust Enrichment Quantum Assessment

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Parties

BPL Contracts (Scotland) Limited

Pursuer

Beattie FRC Limited

Defender

Procedural Posture

Ordinary Action / Final Judgment After Proof

Legal Issues

  1. 1 What were the terms of the Crown Wall sub-contract?
  2. 2 What were the terms of the Pavement Slab sub-contract?
  3. 3 Is the pursuer entitled to payment of 50% of net profit under the Crown Wall sub-contract?

Ratio Decidendi

The court found as a matter of fact that the Crown Wall sub-contract entitled the pursuer to 50% of the net profit made by the defender in completing the Crown Wall works under the contract with Aberdeen Harbour Board, with no deduction for overheads. The Pavement Slab sub-contract entitled the pursuer to 90% of the net profit. The court preferred the pursuer's expert evidence for allocation of labour and plant costs, and held that deductions agreed between the defender and Harbour Board should reduce the profit share. The defender's counterclaim failed as it was predicated on a rejected version of the contract.

Court Disposition

Declarators granted as sought by pursuer; defender's counterclaim dismissed.

Orders

  • Declarator that pursuer is entitled to 50% of net profit made by defender in completing Crown Wall works under contract with Aberdeen Harbour Board.
  • Declarator that pursuer is entitled to 90% of net profit made by defender in completing Pavement Slab works under contract with Aberdeen Harbour Board.