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Commercial contract – Construction – Exclusion clause. Court of Session: In a dispute between the owner and the occupier of a multi-storey car park concerning liability for repairs, in which the owner argued that on the occupier's receipt of collateral warranties and the issue of a defects certificate it had no further liability, but the occupier objected that there had been no final inspection and it had not received the defects certificate, the court construed the agreement entered into before the construction of the car park as meaning that the parties had to comply with the contractual scheme: absent that condition being fulfilled there could be no valid defects certificate and no exclusion of the owner's liability.
Commercial contract – Construction – Exclusion clause. Court of Session: In a dispute between the owner and the occupier of a multi-storey car park concerning liability for repairs, in which the owner argued that on the occupier's receipt of collateral warranties and the issue of a defects certificate it had no further liability, but the occupier objected that there had been no final inspection and it had not received the defects certificate, the court construed the agreement entered into before the construction of the car park as meaning that the parties had to comply with the contractual scheme: absent that condition being fulfilled there could be no valid defects certificate and no exclusion of the owner's liability.
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