The parties entered into a contract for the demolition and building of offices. They sought to refer differences to arbitration. The issue as to whether the long or short prescription period operated so as to time bar some parts of the claim.
Held: Time began to run only from the time of the issue of the final certificate, and accordingly claims which might have been asserted at earlier times in the execution of the contract were not time barred.
Judges:
Lord Prosser, Lord Milligan, Lord Kingarth
Citations:
[2001] ScotCS 214, [2001] ScotHC 96
Links:
Statutes:
Administration of Justice (Scotland) Act 1972 3, Prescription and Limitation (Scotland) Act 1973 6, Sch 1, Scottish Building Contract (with Quantities) January 1988
Jurisdiction:
Scotland
Construction, Limitation, Arbitration
Updated: 06 February 2022; Ref: scu.166511