Kelvin Homes Ltd v. Ritchie Brothers (Public Works Contractors Ltd) [2006] ScotSC 85 (21 August 2006)

Kelvin Homes Ltd v. Ritchie Brothers (Public Works Contractors Ltd) [2006] ScotSC 85 (21 August 2006)

Although the defenders breached contractual duties by failing to properly compact the spoil and top it with hardcore, the pursuers failed to prove that this breach caused the floors to subside. Therefore, the defenders are not liable for the pursuers' loss.

Citation
[2006] ScotSC 85
Parties
Pursuer: Kelvin Homes Limited; Defender: Ritchie Brothers (Public Works Contractors) Ltd
Jurisdiction
Scotland
Judgment Date
21 August 2006
Procedural Posture
Civil / Judgment After Proof
Outcome
defenders assoilzied (absolved from liability)
Legal Topics
Breach of Contract, Causation, Implied Terms, Building Contracts, Remedial Works
Construction Law Contract Law Breach of Contract Causation Implied Terms Building Contracts Remedial Works

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Parties

Kelvin Homes Limited

Pursuer

Ritchie Brothers (Public Works Contractors) Ltd

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether the defenders breached contractual duties regarding the compaction and topping of spoil material under floor slabs
  2. 2 Whether such breach caused the subsidence and resulting loss to the pursuers

Ratio Decidendi

Although the defenders breached contractual duties by failing to properly compact the spoil and top it with hardcore, the pursuers failed to prove that this breach caused the floors to subside. Therefore, the defenders are not liable for the pursuers' loss.

Court Disposition

defenders assoilzied (absolved from liability)

Orders

  • Repels the pursuer's pleas in law.
  • Sustains the defender's third plea in law.