RALSTON BUILDERS (RENFREWSHIRE) LIMITED v. BARBARA ADAMS [2009] ScotSC 138 (19 August 2009)

RALSTON BUILDERS (RENFREWSHIRE) LIMITED v. BARBARA ADAMS [2009] ScotSC 138 (19 August 2009)

The contract was with the defender personally, not her company; no retention provision was agreed; delays and cost overruns were not due to breach by the pursuers; all snagging items were completed; the pursuers are entitled to the balance certified as due.

Citation
[2009] ScotSC 138
Parties
Pursuer: Ralston Builders (Renfrewshire) Ltd.; Defender: Barbara Adams
Jurisdiction
Scotland
Judgment Date
19 August 2009
Procedural Posture
Civil / Judgment After Proof
Outcome
Decree for payment granted in favour of pursuers.
Legal Topics
Building Contract, Personal Liability, Retention Provisions, Delay in Completion, Cost Overrun, Snagging Items, Certification by Architect
Contract Law Construction Law Building Contract Personal Liability Retention Provisions Delay in Completion Cost Overrun Snagging Items +1 more

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Parties

Ralston Builders (Renfrewshire) Ltd.

Pursuer

Barbara Adams

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether the contract was with the defender personally or her company
  2. 2 Whether the contract included a retention provision
  3. 3 Whether the pursuers were in breach due to delay or cost overrun

Ratio Decidendi

The contract was with the defender personally, not her company; no retention provision was agreed; delays and cost overruns were not due to breach by the pursuers; all snagging items were completed; the pursuers are entitled to the balance certified as due.

Court Disposition

Decree for payment granted in favour of pursuers.

Orders

  • Defender to pay pursuers £22,517.73 with interest at 8% per annum from 10 October 2008 until payment.
  • Defender liable for expenses of the action.