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Second time lucky for novated engineer with a prescription/limitation defence leaves Contractor bearing station redevelopment cost overruns (Tilbury Douglas Construction v Arup (Scotland) Ltd)

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Published on: 09 July 2024

Published by a LexisNexis Construction expert

Table of contents

What are the practical implications of this case?
What was the background
What did the court decide?
Case details

Article summary

Construction analysis: The Inner House of the Court of Session overturned a ruling on a preliminary issue of prescription/limitation on appeal. The outcome was to deprive the Contractor of any remedy against Arup in the proceedings and leaving it to meet the cost overrun claimed to be some £5,951,533. Sections 6(4) and 11(3) of the Prescription and Limitation (Scotland) Act were considered and applied in a global or straightforward way whereas efforts to identify specific and distinct (and thus later) dates for time to start running was deprecated ‘no salami slicing’. Written by James Davison, barrister at 3PB Barristers.

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