Education 4 Ayrshire Limited v South Ayrshire Council

Outer House, Court of Session; Opinion of Lord Glennie; judgment delivered 4 November 2009

For the Council: Howie QC instructed by Burness LLP

The facts

By a contract dated December 2006 (‘the Project Agreement’) Education 4 Ayrshire Limited (‘the Contractor’) agreed to carry out various works including the design and construction of six schools for the South Ayrshire Council (‘the Council’). The works were part of the South Ayrshire Schools Public Private Partnership initiative and included the demolition of the existing buildings at the Prestwick Academy and the construction of a new school on the site. The Contractor sub-contracted the construction element of the works to Carillion (‘the Building Contractor’).