Steel v. Bell [1900] ScotLR 38_217 (21 December 1900)

Steel v. Bell [1900] ScotLR 38_217 (21 December 1900)

The pursuer failed to prove that extra work ordered by the defender caused the delay or to obtain architect certificates excusing delay. The penalty clause is enforceable, and the defender is entitled to deduct £150 for 300 days of delay from the balance due to the pursuer.

Citation
[1900] ScotLR 38_217
Parties
Pursuer: Henry Steel; Defender: Robert Fitzroy Bell
Jurisdiction
Scotland
Judgment Date
21 December 1900
Procedural Posture
Contract Dispute / Appeal From Sheriff to Court of Session Inner House Second Division
Outcome
interlocutor of Sheriff recalled; judgment for defender on penalty clause
Legal Topics
Building Contract, Liquidated Damages, Penalty Clause, Delay, Onus of Proof, Extra Work
Contract Law Construction Law Building Contract Liquidated Damages Penalty Clause Delay Onus of Proof Extra Work

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Parties

Henry Steel

Pursuer

Robert Fitzroy Bell

Defender

Procedural Posture

Contract Dispute / Appeal From Sheriff to Court of Session Inner House Second Division

Legal Issues

  1. 1 Is the defender entitled to enforce the penalty clause for delay under the contract given extra work and alterations ordered during progress?
  2. 2 Does the pursuer bear the onus to prove that extra work caused delay excusing liability for penalty?

Ratio Decidendi

The pursuer failed to prove that extra work ordered by the defender caused the delay or to obtain architect certificates excusing delay. The penalty clause is enforceable, and the defender is entitled to deduct £150 for 300 days of delay from the balance due to the pursuer.

Court Disposition

interlocutor of Sheriff recalled; judgment for defender on penalty clause

Orders

  • £150 to be deducted from balance due to pursuer as penalty for breach of contract
  • Sheriff-Substitute's judgment restored except as settled by joint-minute regarding reservoir