KKA Ltd v. MacDonald Hotels Ltd [2008] ScotCS CSOH_108 (24 July 2008)

KKA Ltd v. MacDonald Hotels Ltd [2008] ScotCS CSOH_108 (24 July 2008)

The normal percentage fee arrangement applied to the Portal project, except for the agreed restriction to £6,500 for the second planning submission; no lump sum agreement superseded the normal arrangement, and the pursuers are entitled to the 10% fee at planning determination stage.

Citation
[2008] ScotCS CSOH_108
Parties
Pursuer: KKA Limited; Defender: MacDonald Hotels Ltd
Jurisdiction
Scotland
Judgment Date
24 July 2008
Procedural Posture
Commercial Contract Dispute / Judgment After Proof
Outcome
Decree granted for pursuers
Legal Topics
Professional Fees, Implied Terms, Course of Dealing, Architects' Services
Contract Law Commercial Law Professional Fees Implied Terms Course of Dealing Architects' Services

Case Brief

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Parties

KKA Limited

Pursuer

MacDonald Hotels Ltd

Defender

Procedural Posture

Commercial Contract Dispute / Judgment After Proof

Legal Issues

  1. 1 Whether the normal percentage fee arrangement applied to the Portal project
  2. 2 Whether a lump sum fee agreement superseded the normal arrangement
  3. 3 Entitlement to fees at planning determination stage

Ratio Decidendi

The normal percentage fee arrangement applied to the Portal project, except for the agreed restriction to £6,500 for the second planning submission; no lump sum agreement superseded the normal arrangement, and the pursuers are entitled to the 10% fee at planning determination stage.

Court Disposition

Decree granted for pursuers

Orders

  • Decree for £20,210.00 with interest at 8% above Bank of England Base Rate from 10 June 2006 until payment
  • Decree for £100 collection costs