An employer who had to prepare a schedule of defects in order to pursue a claim against his builder, and incurred both architects and legal costs in the preparation of the schedule was not able to claim such costs as consequential losses under the contract. Such losses were not recoverable at common law.
Citations:
Times 12-Nov-1999
Statutes:
Scottish Building Contract with Contractor’s Design (Jan 1993 rev)
Cited by:
Appeal from – Johnston v W H Brown Construction (Dundee) Ltd IHCS 7-Jun-2000
The cost of employing an architect to draw up a schedule of defects under a building contract was not recoverable as damages. The rights under this contract required remediation of the defects discovered and listed, and did not envisage other . .
Lists of cited by and citing cases may be incomplete.
Construction
Updated: 09 April 2022; Ref: scu.82569