Alton B Copland Ltd v Orkney Builders (Contactors) Ltd [2010] ScotCS CSOH_135 (01 October 2010)

Alton B Copland Ltd v Orkney Builders (Contactors) Ltd [2010] ScotCS CSOH_135 (01 October 2010)

ABC is entitled to payment under its tenders as adjusted, as OB failed to prove agreement to match lower tender prices or conditionality of discounts. Prescription plea fails as claim was not enforceable before relevant date. Deductions for double-counting and joiner work partially allowed. Interest and statutory compensation awarded as specified.

Citation
[2010] ScotCS CSOH_135
Parties
Pursuer: Alton B Copland Ltd; Defender: Orkney Builders (Contractors) Ltd
Jurisdiction
Scotland
Judgment Date
01 October 2010
Procedural Posture
Commercial Contract Dispute / Judgment After Proof
Outcome
Pursuer's claims partially upheld; defender's prescription plea repelled; sums awarded as specified.
Legal Topics
Subcontractor Payment, Main Contractor Discount, Prescription, Interest on Late Payment, Statutory Compensation
Contract Law Commercial Law Subcontractor Payment Main Contractor Discount Prescription Interest on Late Payment Statutory Compensation

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Parties

Alton B Copland Ltd

Pursuer

Orkney Builders (Contractors) Ltd

Defender

Procedural Posture

Commercial Contract Dispute / Judgment After Proof

Legal Issues

  1. 1 Whether pursuer is entitled to payment under four subcontractor contracts
  2. 2 Whether main contractor's discount was conditional on prompt payment
  3. 3 Whether prescription extinguished pursuer's claim

Ratio Decidendi

ABC is entitled to payment under its tenders as adjusted, as OB failed to prove agreement to match lower tender prices or conditionality of discounts. Prescription plea fails as claim was not enforceable before relevant date. Deductions for double-counting and joiner work partially allowed. Interest and statutory compensation awarded as specified.

Court Disposition

Pursuer's claims partially upheld; defender's prescription plea repelled; sums awarded as specified.

Orders

  • Defender to pay pursuer £12,408.18 for contract claims.
  • Defender to pay statutory compensation of £210.