Hunter v Scott & Ors [1999] ScotCS 54 (19 February 1999)

Hunter v Scott & Ors [1999] ScotCS 54 (19 February 1999)

The court held that the contract entered into in May 1997 was for Allbuild to carry out the specified works for the price of £74,956, inclusive of any profit, and that no separate agreement for a £15,000 fee was made. The evidence of Mr Marshall was preferred over that of the pursuer and Mr Hunter. The contract price covered the works as specified in the 9 May 1997 document, with certain allowances and agreed variations to be paid for as such.

Citation
[1999] ScotCS 54
Parties
Pursuer: Anne Margaret Hunter; First Defenders: David Scott & Another (Thomas Moffat's Trustees); Second Defender: Mrs Agnes Moffat
Jurisdiction
Scotland
Judgment Date
19 February 1999
Procedural Posture
Civil / Proof Before Answer
Outcome
Declarator of contract terms; no entitlement to additional £15,000 fee; case to be put out By Order for further procedure.
Legal Topics
Building Contract, Contract Formation, Contract Price, Quantum Meruit, Variation of Contract
Contract Law Building Contract Contract Formation Contract Price Quantum Meruit Variation of Contract

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Parties

Anne Margaret Hunter

Pursuer

David Scott & Another (Thomas Moffat's Trustees)

First Defenders

Mrs Agnes Moffat

Second Defender

Procedural Posture

Civil / Proof Before Answer

Legal Issues

  1. 1 Whether a fixed fee of £15,000 was agreed to be paid to Allbuild in addition to the costed amount for building works at Monktonhall.
  2. 2 Whether the contract price included Allbuild's profit or if a separate fee was due.
  3. 3 What was the scope of works agreed for the contract price.

Ratio Decidendi

The court held that the contract entered into in May 1997 was for Allbuild to carry out the specified works for the price of £74,956, inclusive of any profit, and that no separate agreement for a £15,000 fee was made. The evidence of Mr Marshall was preferred over that of the pursuer and Mr Hunter. The contract price covered the works as specified in the 9 May 1997 document, with certain allowances and agreed variations to be paid for as such.

Court Disposition

Declarator of contract terms; no entitlement to additional £15,000 fee; case to be put out By Order for further procedure.

Orders

  • The contract price for the works is £74,956, inclusive of any profit to Allbuild.
  • Works specified in the 9 May 1997 document are included in the contract price, with certain allowances and agreed variations to be paid for as such.