T. & R. Duncanson v. Scottish County Investment Co., Ltd [1915] ScotLR 790 (20 July 1915)

T. & R. Duncanson v. Scottish County Investment Co., Ltd [1915] ScotLR 790 (20 July 1915)

The pursuers were not bound by the contractual time limit where delays by other contractors, not under their control and not properly bound by time limits, made timely completion impossible. The contract was subject to an implied condition that prerequisite work would be completed in time to allow performance. The defenders' failure to secure such arrangements discharged the time limit, and the pursuers were only required to complete within a reasonable time, which they did.

Citation
[1915] ScotLR 790
Parties
Pursuer: T. & R. Duncanson; Defender: Scottish County Investment Company, Limited
Jurisdiction
Scotland
Judgment Date
20 July 1915
Procedural Posture
Civil Appeal / Court of Session Inner House, Second Division, Appeal From Sheriff Court
Outcome
Appeal dismissed; interlocutors of Sheriff and Sheriff-Substitute affirmed.
Legal Topics
Implied Terms, Performance of Contract, Impossibility of Performance, Time Limits in Contracts, Building Contracts
Contract Law Construction Law Implied Terms Performance of Contract Impossibility of Performance Time Limits in Contracts Building Contracts

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Parties

T. & R. Duncanson

Pursuer

Scottish County Investment Company, Limited

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether a contractor is absolutely bound by a time limit in a building contract when delayed by other contractors over whom he has no control.
  2. 2 Whether there is an implied condition that the employer will ensure other contractors complete their work in time to allow the contractor to perform by the stipulated date.

Ratio Decidendi

The pursuers were not bound by the contractual time limit where delays by other contractors, not under their control and not properly bound by time limits, made timely completion impossible. The contract was subject to an implied condition that prerequisite work would be completed in time to allow performance. The defenders' failure to secure such arrangements discharged the time limit, and the pursuers were only required to complete within a reasonable time, which they did.

Court Disposition

Appeal dismissed; interlocutors of Sheriff and Sheriff-Substitute affirmed.

Orders

  • Defenders to pay pursuers £313 sterling with interest as craved.
  • Defenders' counterclaims rejected.