When 'The Contractor' Means 'The Contractor'

Neil Kelly looks at the Scottish Appeal Court decision in Lagan Construction Group Limited (In administration) v Scot Roads Partnership Project Limited and Ferrovial Construction (UK) Limited and the difficulties which can arise in construing contractual terms against a background of complex rules developed by the courts.

Lagan Construction Group Limited (In administration) ('Lagan') v Scot Roads Partnership Project Limited ('SRPPL') and Ferrovial Construction (UK) Limited ('FCUK')

This recent decision of the Scottish Appeal Court (18 July 2023) overturned the decision of the judge at first instance that, essentially, certain contractual terms properly construed meant that the words 'the Contractor' didn't actually mean 'the Contractor'. The Appeal Court decided that the words meant what they said: 'the Contractor' meant 'the Contractor'.