Cases - Gillies Ramsay Diamond v PJW Enterprises Ltd

Record details

Name

Gillies Ramsay Diamond v PJW Enterprises Ltd

Date

(2002); (2003)

Citation

CILL 1901; BLR 48

Legislation

• Housing Grants, Construction and Regeneration Act 1996
• Scheme for Construction Contracts (Scotland) Regulations 1998

Keywords

Construction contracts - adjudication - jurisdiction - whether contract of administration services was construction contract - conflict of law - power to award damages - whether decision ultra vires - Housing Grants, Construction and Regeneration Act 1996, section 104 - Scheme for Construction Contracts (Scotland) Regulations 1998

Summary

Surveying work undertaken by a firm of building surveyors acting as contract administrators was held by the Scottish Court of Session to be work capable of being sufficiently classed under a construction contract for the purposes of Part II of the Housing Grants, Construction and Regeneration Act 1996.

In this case the court upheld an adjudicator's decision that a contract administrator had been negligent and should pay damages, even though the court doubted the correctness of the adjudicator's finding of negligence.