NETWORK RAIL INFRASTRUCTURE LTD v FERN TRUSTEE 1 LTD AND OTHERS

[2021] CSOH 107, Outer House of the Court of Session, Lord Tyre, 21 October 2021

Settlement agreement – Whether tenants entitled to insist that the Owner’s Completion Notice included their complaints that remedial works had not been satisfactorily completed

The pursuers were tenants of premises. The first defender was the proprietor of the premises and the third defender was the contractor which carried out works to the premises. A number of defects became apparent in the works and this resulted in the parties entering into a number of settlement agreements under which the contractor agreed to carry out and complete, at its own cost, certain remedial works to the premises. The parties also entered into a Remedial Works Agreement and it was clause 3.27 of the latter agreement that was the focus of the dispute before Lord Tyre.