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Muir Construction Ltd v Hambly Ltd

Language: English Series: Scots Law Times ; 1990 SLT 830-836(7)Publication details: 1990Subject(s): Summary: Outer House 14 February 1990. Concerned with claim for damages by contractor (M) against employer (H) for breach of contract . M served warning notice seeking payment under an interim certificate after receiving no payment terminated contract by hand delivery of a notice of determination. H alleged that the contract stated service of notice by registered post or recorded delivery and that hand delivery was invalid. H issued a counterclaim seeking damages for loss occasioned by M`s alleged breach of contract. It was held that notice of determination by hand was invalid and dismissed M`s claim. H`s counterclaim dismissed.
Holdings
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Law report London Journal article ABS43634 (Browse shelf(Opens below)) 1 Available 42668-1001

Outer House 14 February 1990. Concerned with claim for damages by contractor (M) against employer (H) for breach of contract . M served warning notice seeking payment under an interim certificate after receiving no payment terminated contract by hand delivery of a notice of determination. H alleged that the contract stated service of notice by registered post or recorded delivery and that hand delivery was invalid. H issued a counterclaim seeking damages for loss occasioned by M`s alleged breach of contract. It was held that notice of determination by hand was invalid and dismissed M`s claim. H`s counterclaim dismissed.