D & H Developments v Andover Development Company Ltd

Commercial contract – Building contract – Appointment of Quantity Surveyor – Validity of notices. Sheriff Court: In an action which concerned a standard form of building contract under which the pursuers carried out building works for defenders, in which the issues were whether or not any person was appointed to exercise the functions of Quantity Surveyor for the purposes of the contract, and whether, in any event, the pursuers' Interim Applications and Interim Payment Notices ('the pursuers' notices') were invalid, such that the defenders' admitted failure to issue Pay Less Notices did not render them liable to pay anything to the pursuers, the court held that the pursuers were saying that the parties agreed, or the defenders nominated, the person who was to be the Quantity Surveyor and that that was done independently of the standard form contract, and the pursuers were entitled to a proof before answer of those averments; one of the pursuers' notices was valid, however, the other two were invalid because they were defective in form and the averments relating to them fell to be excluded from probation.

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