BELL BUILDING PROJECTS LTD v. CARFIN DEVELOPMENTS LTD [2010] ScotSC 68 (08 April 2010)

BELL BUILDING PROJECTS LTD v. CARFIN DEVELOPMENTS LTD [2010] ScotSC 68 (08 April 2010)

The second adjudication concerned a different contractual stage and issues from the first; the adjudicator had jurisdiction, the practical completion certificate was valid under the contract, and the defenders failed to issue a Schedule of Defects, so the sums withheld and retention monies must be released.

Citation
[2010] ScotSC 68
Parties
Pursuer: Bell Building Projects Limited; Defender: Carfin Developments Limited
Jurisdiction
Scotland
Judgment Date
08 April 2010
Procedural Posture
Commercial Action / Summary Decree Motion
Outcome
summary decree granted in favour of pursuers
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Practical Completion Certificate, Withholding Notice, Defects Liability Period
Construction Law Contract Law Adjudication Enforcement Jurisdiction of Adjudicator Practical Completion Certificate Withholding Notice Defects Liability Period

Case Brief

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Parties

Bell Building Projects Limited

Pursuer

Carfin Developments Limited

Defender

Procedural Posture

Commercial Action / Summary Decree Motion

Legal Issues

  1. 1 Whether the second adjudicator had jurisdiction to determine the dispute given the prior adjudication
  2. 2 Whether the practical completion certificate was valid under the contract
  3. 3 Whether the sums withheld could be released under the contract terms

Ratio Decidendi

The second adjudication concerned a different contractual stage and issues from the first; the adjudicator had jurisdiction, the practical completion certificate was valid under the contract, and the defenders failed to issue a Schedule of Defects, so the sums withheld and retention monies must be released.

Court Disposition

summary decree granted in favour of pursuers

Orders

  • Decree against defenders for payment to pursuers of £23,212.93 with interest at 5% per annum above Bank of England base rate from 13 February 2009 until payment
  • Decree against defenders for payment to pursuers of £29,900 with interest at 5% per annum above Bank of England base rate from 13 February 2009 until payment