Muir Construction Ltd v Hambly Ltd
Muir Construction Ltd v Hambly Ltd
- 1990
- Scots Law Times 1990 SLT 830-836(7) .
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.
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.