Landmark construction law decision issued, "City Inn v Shepherd Construction"

5 December 2007

The eagerly awaited opinion of Lord Drummond Young in the case of City Inn v Shepherd Construction has now been issued.

It is a landmark decision in construction law in Scotland.

For the first time a Scottish court has laid down the approach which should be taken in determining extension of time claims, including those involving concurrent delaying events. The court has also explained the key conceptual differences in approach between extension of time claims, on the one hand, and loss and expense claims, on the other.

Garry Borland of Axiom acted for the successful contractor, Shepherd Construction.

Richard Keen, QC, and Roisin Higgins, both also of Axiom, acted for City Inn.

The court's opinion can be accessed via the undernoted link.

http://www.scotcourts.gov.uk/opinions/2007CSOH190.html