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Supreme Court rules on transferred loss in Scottish construction contracts

1 report, 1 independent Updated Fri 00:00
AI-generated briefing. Brind wrote this from the reports listed below. It can be wrong. Each section says how much you can rely on it, and the sources are linked so you can check.

What happened

Some supportReported by 1 outlet

The Supreme Court delivered a judgment in the Forthwell case involving Pontegadea. The ruling established that a broad right to recover "transferred loss" does not exist in Scotland. This decision has implications for the construction industry, emphasizing the need for careful contracting structures.

From scottishconstructionnow.com

Why it matters

Some supportBrind's analysis of the reports

The decision affects the legal landscape of construction contracts in Scotland. It clarifies that parties can generally only recover their own losses, which may prevent claims from being frustrated due to 'black holes' in complex corporate contracts.

From scottishconstructionnow.com

Who's involved

  • supreme courtHighest court that delivered the judgment in the Forthwell case
  • PontegadeaCompany involved in the Forthwell case

Who could feel it

Possible knock-on effects

These are possibilities Brind reasoned out, not predictions, and not advice. Most are not stated in any report.

  • PontegadeaSpeculative

    Pontegadea might face limitations in recovering transferred losses within Scottish construction contracts.

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The entities involved

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Coverage

Newest first; wire copies grouped