Shanks & McEwan (Contractors) Ltd v Strathclyde RC
Shanks & McEwan (Contractors) Ltd v Strathclyde RC
- 1994
- Construction Industry Law Letter (1994) CILL 916-918(3) .
Court of Session. 11 February 1994. S were contractors for construction of a sewer for SRC. The contract was ICE 5th edition. SRC accepted tunnel segments which had cracked during the construction process provided they were made reasonably watertight. By letter SRC approved the tunnel segments as designed for incorporation in the works. S issued arbitration proceedings claiming additional costs incurred. The arbiter posed questions of law by way of case stated. Held that the arbiter was correct on both points. SRC assumed sole responsibility for the design of the segments thus absolving S from liability under the contract; the contract was varied entitling S to reimbursement for extra costs.
CIVIL ENGINEERING CONTRACTS
CLAIMS
DESIGN LIABILITY
ICE CONDITIONS OF CONTRACT 5TH EDITION CL51
SHANKS AND MCEWAN(CONTRACTORS) LTD V STRATHCLYDE RC
VARIATIONS
Court of Session. 11 February 1994. S were contractors for construction of a sewer for SRC. The contract was ICE 5th edition. SRC accepted tunnel segments which had cracked during the construction process provided they were made reasonably watertight. By letter SRC approved the tunnel segments as designed for incorporation in the works. S issued arbitration proceedings claiming additional costs incurred. The arbiter posed questions of law by way of case stated. Held that the arbiter was correct on both points. SRC assumed sole responsibility for the design of the segments thus absolving S from liability under the contract; the contract was varied entitling S to reimbursement for extra costs.
CIVIL ENGINEERING CONTRACTS
CLAIMS
DESIGN LIABILITY
ICE CONDITIONS OF CONTRACT 5TH EDITION CL51
SHANKS AND MCEWAN(CONTRACTORS) LTD V STRATHCLYDE RC
VARIATIONS