Welcome to this winter edition of our food and drink update.
It is not unusual in modern construction and engineering contracts for contractors to assume the dual role of constructor and designer for all or part of the design. But what happens if the contract contains a reasonable skill and care provision and also an absolute obligation to achieve a certain standard of work? Which standard of care applies?
RENUMERATION REPORTING 2015
Current insight – December 2014
Here we go again!
The proper meaning of the phrase ‘competing leaver’ was recently deliberated in the case of Bishop v 3i Investments Plc  CSOH 152, providing useful guidance to businesses who use this term in their employee incentive schemes.
Well, that was a turn-up for the books! The headlines from the Autumn Statement are all about the ‘cuts’ in ’stamp duty’ (as Stamp Duty Land Tax (SDLT) is persistently referred to, despite the act of fixing expensive stamps to bits of paper being a distant memory).
Scottish lawyers have taken particular note of a case in which the claimant was granted decree (judgement) because of the defenders’ failure to lodge a valuation of claim on time. We suspect there is more to this and will re-visit the issues once a written opinion is available, but in the meantime flag it up as an indicator that the Scottish Courts appear to be taking a harder line than ever on procedural issues.
Another lesson in adhering to deadlines
Talbot v Babcock International Ltd & Another  CSOH will be regarded with some alarm by insurers as it suggests that defenders are not permitted to seek to retrospectively agree return conditions where a tender (Part 36 equivalent), which does not mention return conditions, is accepted.
Talbot v Babcock International Ltd & Another  CSOH
Two recent court decisions could have serious repercussions for landlords hoping to recover money from tenants for failing to keep their premises in repair during their tenancy. It now appears to be the case that tenants will only have to pay the cost of repairs (‘dilapidations’) if the landlord can satisfy the court that it actually intends to carry them out.
It is now common place in construction contracts for there to be an obligation on a contractor to provide a performance bond in favour of the employer, as security for the failure by the contractor to comply with their obligations under the contract.
But what happens if a contractor doesn’t comply with this obligation? Can it be enforced?
Answer- yes (well sort of)…..