Loudonhill Contracts Ltd v John Mowlem Construction Ltd [2000] ScotCS 186 (6 July 2000)

Loudonhill Contracts Ltd v John Mowlem Construction Ltd [2000] ScotCS 186 (6 July 2000)

Clause 15(6) is broadly worded and not limited by its position within Clause 15; it applies to all claims arising out of or in connection with the subcontract unless a written claim is made before the Maintenance Certificate is issued.

Citation
[2000] ScotCS 186
Parties
Claimant: Loudonhill Contracts Ltd.; Respondent: John Mowlem Construction Ltd.
Jurisdiction
Scotland
Judgment Date
06 July 2000
Procedural Posture
Stated Case Under Section 3 of the Administration of Justice (scotland) Act 1972 in Arbitration / Appellate Review of Arbiter's Decision on Preliminary Contractual Bar
Outcome
Question 1 in the stated case answered in the negative; case remitted to the arbiter to proceed as accords.
Legal Topics
Time Bar Clauses, Interpretation of Contract Terms, Subcontractor Claims, Maintenance Certificate, Repudiation and Termination
Construction Law Contract Law Arbitration Time Bar Clauses Interpretation of Contract Terms Subcontractor Claims Maintenance Certificate Repudiation and Termination

Case Brief

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Parties

Loudonhill Contracts Ltd.

Claimant

John Mowlem Construction Ltd.

Respondent

Procedural Posture

Stated Case Under Section 3 of the Administration of Justice (scotland) Act 1972 in Arbitration / Appellate Review of Arbiter's Decision on Preliminary Contractual Bar

Legal Issues

  1. 1 Does Clause 15(6) of the subcontract bar the claimant's claims if not made before the Maintenance Certificate is issued?
  2. 2 Is the effect of Clause 15(6) limited by its position within Clause 15?

Ratio Decidendi

Clause 15(6) is broadly worded and not limited by its position within Clause 15; it applies to all claims arising out of or in connection with the subcontract unless a written claim is made before the Maintenance Certificate is issued.

Court Disposition

Question 1 in the stated case answered in the negative; case remitted to the arbiter to proceed as accords.

Orders

  • Remit to arbiter to proceed as accords.