Mars Black Sheep Hotels Limited Against Douglas & Stewart Uk Limited

JurisdictionScotland
JudgeLord Doherty
Neutral Citation[2019] CSOH 64
Date13 August 2019
Docket NumberCA115/19
CourtCourt of Session
Published date15 August 2019
OUTER HOUSE, COURT OF SESSION
[2019] CSOH 64
CA115/19
OPINION OF LORD DOHERTY
In the cause
MARS BLACK SHEEP HOTELS LIMITED
Pursuer
against
DOUGLAS & STEWART UK LIMITED
Defender
Pursuer: Dunlop QC; Davidson Chalmers Stewart LLP
Defender: MacColl QC; Burness Paull LLP
13 August 2019
[1] The pursuer carries on business as a hotelier. The defender is a construction
company. In terms of a written contract dated 15 November 2018 the parties agreed that the
defender would carry out construction work at three hotel properties. The contract
incorporated the provisions of the SBBC Scottish Minor Works Building Contract (2011). In
terms of that standard form (article 7, and clause 8.2 of the conditions) either party was
entitled to refer any dispute or difference to adjudication, in which case Part 1 of the
Schedule to The Scheme for Construction Contracts (Scotland) Regulations 1998 (as
amended) by The Scheme for Construction Contracts (Scotland) Amendment Regulations
2011 applied (except in so far as modified by clause 8.2 of the contract conditions).

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