000			02290cad a22002655a 4500
001			L145103
008			080908e20080314stk f v 000 0 eng d
035			_a(Sirsi) u145103
041	0		_aeng
245	0	0	_aSpiersbridge Property Developments Limited v Muir Construction Limited _h[electronic resource]
260			_c2008
520			_a[2008] ScotCS CSOH 44, 14 March 2008. The case considers whether an employer who calls a performance bond is obliged to account to the contractor for any overpayment. The pursuer, Spiersbridge Property Ltd (Spiersbridge) entered into a building contract with Muir Construction Ltd (Muir). Muir gave Spiersbridge an on demand performance bond (the Bond) from the Royal Bank of Scotland (the Bank). On 14 November 2006, Spiersbridge requested the bank for a bond alleging various breaches of contract from Muir. The bank made the payment and claimed back to Muir the amount paid to Spiersbridge. Muir argued that there was no breach of contract on his part; that Spiersbridge had no proper basis to ask for that money and requested that the sum paid by him to the bank should be reimbursed to him by Spiersbridge. There was no provision in the bond or the Building contract under such circumstances. The Outer house had to decide whether the entitlement to repayment of excess arose under the Bond or the Building contract. Held: The Court decide that the repayment term should be implied in the Building Contract.
590			_aKA
650	2	4	_aMOSVOLDS REDERI A/S V FOOD CORP OF INDIA
650	2	4	_aSPIERSBRIDGE PROPERTY DEVELOPMENTS LIMITED V MUIR CONSTRUCTION LIMITED
650	2	4	_aAUSTRALASIAN CONFERENCE ASSOCIATION V MAINLINE CONSTRUCTIONS PTY LIMITED (IN LIQUIDATION)
650	2	4	_aSHIRLAW V SOUTHERN FOUNDRIES (1926) LTD
650	2	4	_aCARGILL INTERNATIONAL SA V BANGLADESH SUGAR AND FOOD INDUSTRIES CORPORATION
650	2	4	_aSEEPONG ENGINEERING CONSTRUCTION CO LIMITED V FORMULA 1 ADMINISTRATION LIMITED
650	2	4	_aWOOD HALL LIMITED V THE PIPELINE AUTHORITY AND ANOTHER
651		4	_aScotland _y1999-
690			_aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
856	4	0	_uhttps://www.bailii.org/scot/cases/ScotCS/2008/CSOH_44.html _zView the case free of charge at www.bailii.org...
942			_n0
999			_c80698 _d80698