TMW Pramerica Property Investment GmbH v Glasgow City Council

Commercial contract – Construction – Independent expert's determination. Court of Session: In an action in which the pursuer sought to enforce its entitlement under missives for the sale of a building in accordance with an independent expert's decision, seeking declarator that it was entitled to have sums held in respect of a retention paid over to it, the parties having referring a question relating to the time for completing rectification of defects in the building to the expert for determination, the court held that the independent expert had erred in law and failed to answer the question that was referred to him for determination.

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