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Appeal By Siteman Painting And Decorating Services Limited Against Simply Construct (uk) Limited

Judgment Cited authorities 6 Cited in Precedent Map Related
Vincent
JurisdictionScotland
JudgeSheriff Principal D L Murray,Sheriff Principal D C W Pyle,Sheriff N A Ross
Neutral Citation[2019] SAC (Civ) 32
CourtSheriff Appeal Court
Docket NumberGLW-CA88-18
Date09 August 2019
Published date23 August 2019
SHERIFF APPEAL COURT
[2019] SAC (Civ) 32
GLW-CA88-18
Sheriff Principal D C W Pyle
Sheriff Principal D L Murray
Appeal Sheriff N A Ross
OPINION OF THE COURT
delivered by APPEAL SHERIFF ROSS
in appeal by
SITEMAN PAINTING AND DECORATING SERVICES LIMITED
Pursuers and Respondents
against
SIMPLY CONSTRUCT (UK) LIMITED
Defenders and Appellants
Defenders and Appellants: Massaro, advocate; The Building Law Practice
Pursuers and Respondents: Middleton, advocate; Lyons Davidson Scotland LLP
9 August 2019
[1] Before an adjudication can take place in relation to a construction contract there must
be a ‘dispute’ in terms of the Housing Grants, Construction and Regeneration Act 1996 (the
“1996 Act”). The respondents (“Siteman”) raised an adjudication in August 2017. By
decision dated 14 September 2017 the adjudicator awarded £57,390.19 plus VAT. The
appellants (“SCUK”) refused to pay. Siteman raised an action in the sheriff court.
Following debate, the sheriff granted decree for payment, without the necessity of hearing
evidence. SCUK appeals that decision.

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