Oil States Industries (uk) Limited Against Lagan Building Contractors Limited
Jurisdiction | Scotland |
Judge | Lord Doherty |
Neutral Citation | [2018] CSOH 22 |
Docket Number | CA74/16 |
Date | 13 March 2018 |
Court | Court of Session |
Published date | 13 March 2018 |
OUTER HOUSE, COURT OF SESSION
[2018] CSOH 22
CA74/16
OPINION OF LORD DOHERTY
In the cause
OIL STATES INDUSTRIES (UK) LIMITED
Pursuer
against
LAGAN BUILDING CONTRACTORS LIMITED
Defender
Pursuer: Moynihan QC; CMS Cameron McKenna Nabarro Olswang LLP
Defender: Borland QC, Manson; DAC Beachcroft Scotland LLP
13 March 2018
Introduction
[1] The pursuer’s business includes the fabrication of equipment for the oil industry. On
15 October 2014 the pursuer and the defender entered into a building contract in terms of
which the defender was to design and construct a new production facility for the pursuer at
Heartlands Industrial Estate, Whitburn. The contract was in the form of the SBCC’s Design
and Build Contract for use in Scotland DB/Scot (2011 Edition), as amended by a Schedule of
Amendments annexed and signed as relative thereto.
[2] During the course of the contract the pursuer’s agent issued certain contract
instructions to the defender which bore to be issued in terms of clause 3.5 of the contract
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Defects
...Eng. Ct app, Fox and Staughton LJJ and Sir roger Ormrod, 20 March 1991); Oil States Industries (UK) Ltd v Lagan Building Contractors Ltd [2018] CSOh 22 at [13], per Lord Doherty. 83 Coal Pension Properties Ltd v Nu-Way Ltd (2009) 124 Con Lr 50 at 66 [70]–67 [75], per Simon J. 84 Insofar as ......