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Tolent clauses, Yuanda v WW Gear and Scheme considered by Scottish Court of Session
Practical Law UK Legal Update Case Report 9-505-6799 (Approx. 8 pages)
Tolent clauses, Yuanda v WW Gear and Scheme considered by Scottish Court of Session
by PLC Construction
Among the issues in Profile Projects Ltd v Elmwood (Glasgow) Ltd [2011] ScotCS CSOH 64, Lord Menzies in the Scottish Court of Session considered whether a Tolent clause in a construction contract fell foul of section 108 of the Construction Act 1996 in light of the TCC's decision in Yuanda (UK) Co Ltd v WW Gear Construction Ltd [2010] EWHC 720 (TCC). The court also considered whether, if the contract's adjudication clause did fail, all or part of the Scheme for Construction Contracts (Scotland) 1998 was implied in its place.
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Resource ID 9-505-6799© 2024 Thomson Reuters. All rights reserved.
Published on 13-Apr-2011
Resource Type Legal update: case report
Jurisdictions
Related Content- England
- Scotland
- Wales