Building Law Reports

General editors: The Hon Sir Robert Akenhead; Dominique Rawley KC; Marc Lixenberg; Omar Eljadi; Felicity Dynes and David Johnson; Consulting editor: Mr Justice Fraser

Document

JOHN STIRLING trading as M&S CONTRACTS v WESTMINSTER PROPERTIES SCOTLAND LTD

[2007] BLR 537

COURT OF SESSION OUTER HOUSE

Before Lord Drummond Young

Housing Grants, Construction and Regeneration Act 1996, Part II - Adjudication - Whether dispute had arisen between parties prior to Notice of Adjudication - Meaning of “dispute or difference” - Inference that dispute or difference has arisen. Contract - Correct identities of parties to contract - Effect of correspondence and application for payment by company incorporated after contract by sole trader - Ad hoc agency of company on behalf of contracting trader. Housing Grants, Construction and Regeneration Act 1996, Part II - Adjudication - No authority for company to act as ad hoc agent in serving Notice of Adjudication.

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