Beechwood Development Company (Scotland) Ltd v Mitchell (t/a Discovery Land Surveys) [2001] ScotCS 30 (12 February 2001)
Delay in obtaining building warrant was caused by defender's erroneous survey, resulting in a 10-week period of loss for Beechwood, for which damages are awarded based on direct site costs, loss of productivity (overheads/profit), and increased material costs, each quantified and supported by evidence.
- Citation
- [2001] ScotCS 30
- Parties
- Pursuer: Beechwood Development Company (Scotland) Limited; Defender: Stuart Mitchell, t/a Discovery Land Surveys
- Jurisdiction
- Scotland
- Judgment Date
- 12 February 2001
- Procedural Posture
- Civil / Judgment After Hearing on Evidence
- Outcome
- Judgment for pursuer
- Legal Topics
- Professional Negligence, Damages Assessment, Delay in Construction, Breach of Contract
Case Brief
Summary, issues, holding and outcome
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Parties
Beechwood Development Company (Scotland) Limited
Pursuer
Stuart Mitchell, t/a Discovery Land Surveys
Defender
Procedural Posture
Civil / Judgment After Hearing on Evidence
Legal Issues
- 1 Whether Beechwood sustained loss due to erroneous plotting of Manse Burn by defender
- 2 Measure of damages attributable to delay caused by defender's breach
Ratio Decidendi
Delay in obtaining building warrant was caused by defender's erroneous survey, resulting in a 10-week period of loss for Beechwood, for which damages are awarded based on direct site costs, loss of productivity (overheads/profit), and increased material costs, each quantified and supported by evidence.
Court Disposition
Judgment for pursuer
Orders
- Defender's pleas repelled
- Pursuer's third plea sustained
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