R. & J. Scott v. Gerrard

Subject_1 Contract Subject_2 Arbitration Subject_3 Applicability of Arbitration Clause to Dispute when Contract has been Declared at an End Subject_4 Clause.

The architect having declared the contract at an end, the contractors having claimed for the work done, and the owners replying that they had been put to greater expense than the value of that work, held (1) ( diss . Lord Salvesen) that the contract was not rescinded in its entirety, the arbitration clause remaining in force, and (2) that the arbitration clause was not merely executorial but covered the question between the parties, and action sisted.

The architect for the erection of a church wrote to the firm of carpenters and joiners whose tender had been accepted for a tender for the seating of the church, which work had not been included in the carpenter's and joiner's specification, and accepted their tender. He had also written to other firms. In the correspondence no reference was made to the conditions and regulations of the original contract.

Held that the contract for the seating was an independent contract to which the arbitration clause of the original contract did not apply.

On 13th October 1914 R. & J. Scott, builders, Portobello, pursuers , brought against James Gerard and Others, the building committee of St James' Church, Portobello, defenders , an action to recover (1) £288, 7s. 9d., and interest, or otherwise £238, 19s. 1d., with interest, and (2) £60 with interest, the sums sued for being as averred due under building contract.