Contractor had no right of relief against clerk of works (Loretto Housing Association v Cruden Building)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• The 1940 Act
• Common law right
• Case details

Article summary

Construction analysis: The Outer House of the Court of Session found that a contractor that paid a sum to its employer in settlement of a claim for defects was not entitled to a contribution in respect of that sum from a clerk of works. Even if the contractor and clerk of works were jointly and severally liable for the defects, the contractor had no right to a contribution from the clerk of works under Scots law, because it had not been found liable to the employer by a court.