McGregor Construction (Highlands) Ltd v Difsl Reorganisation Ltd [2000] ScotCS 167 (16 June 2000)

The defenders breached the implied term to exercise reasonable skill and care by providing a screed with an aggregate/cement ratio materially leaner than 4:1 by volume, resulting in defective flooring. This breach was at least a material cause of the failure, entitling the pursuers to damages.

Citation: [2000] ScotCS 167
Parties: Pursuer: McGregor Construction (Highlands) Limited; Defender: DIFSL Reorganisation Limited
Jurisdiction: Scotland
Judgment Date: 16 June 2000
Procedural Posture: Civil / Judgment After Proof
Outcome: judgment for pursuer
Legal Topics: Implied Terms, Breach of Contract, Standard of Care, Subcontractor Liability, Damages

Contract Law Construction Law Implied Terms Breach of Contract Standard of Care Subcontractor Liability Damages

Case Brief

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Parties

McGregor Construction (Highlands) Limited

Pursuer

DIFSL Reorganisation Limited

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

1 Whether the defenders breached the implied term to exercise reasonable skill and care as specialist flooring contractors
2 Whether the defects in the flooring were caused by breach of contract by the defenders
3 Whether loading from trolleys or defects in the subfloor contributed to the failure

Ratio Decidendi

Court Disposition

judgment for pursuer

Orders

Decree for the pursuers in the sum of £39,529.58 with interest at 8% per annum from the date of citation until payment
Repel defenders' first, second, third and fifth pleas-in-law