Robertson v. Jarvie [1907] ScotLR 260 (19 December 1907)

Robertson v. Jarvie [1907] ScotLR 260 (19 December 1907)

Proof is required, but limited to whether the additions and alterations were all ordered and authorised by the architect as such and as acting for the defender; if so, the defender cannot object to the architect's final certificate or raise issues of disconformity, absent specific averments of fraud or error.

Citation
[1907] ScotLR 260
Parties
Pursuer: John Neilson Robertson; Defender: James Jarvie
Jurisdiction
Scotland
Judgment Date
19 December 1907
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, Second Division
Outcome
Interlocutors of Sheriff-Substitute and Sheriff recalled; first, second, and third pleas-in-law for defender repelled; proof allowed but restricted to whether the additions and alterations were all ordered and authorised by the defender's architect as such and as acting for the defender; case remitted to...
Legal Topics
Building Contracts, Authority of Architect, Extras and Variations, Finality of Architect's Certificate, Principal and Agent, Proof and Relevancy of Averments
Contract Law Construction Law Building Contracts Authority of Architect Extras and Variations Finality of Architect's Certificate Principal and Agent Proof and Relevancy of Averments

Case Brief

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Parties

John Neilson Robertson

Pursuer

James Jarvie

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Whether the architect's certificate is final and conclusive regarding extras and satisfaction of work under the contract.
  2. 2 Whether the defender can challenge the extras and the quality of work after payment of the contract sum and certification by the architect.
  3. 3 Whether the contract authorised the architect to order extras binding on the principal.

Ratio Decidendi

Proof is required, but limited to whether the additions and alterations were all ordered and authorised by the architect as such and as acting for the defender; if so, the defender cannot object to the architect's final certificate or raise issues of disconformity, absent specific averments of fraud or error.

Court Disposition

Interlocutors of Sheriff-Substitute and Sheriff recalled; first, second, and third pleas-in-law for defender repelled; proof allowed but restricted to whether the additions and alterations were all ordered and authorised by the defender's architect as such and as acting for the defender; case remitted to...

Orders

  • Recall interlocutors of 7th November 1906 and 9th March 1907.
  • Repel first, second, and third pleas-in-law for defender.