Case in focus: Everwarm Ltd vs BN Rendering Ltd

By Ted Lowery2019-12-05T15:40:00

Ted Lowery on the perils of indifference to contract formation

The facts

During 2014 the Scottish government established a programme for installing external wall insulation to domestic premises. Everwarm, a company specialising in energy efficiency advice, engaged BN Rendering to provide labour for insulation installation works. The works consisted of fixing insulation boards to a building’s external surfaces and applying a spray-on coating.

At a meeting in December 2013 Everwarm tabled and BN signed a subcontract for the first batch of installation works. Thereafter, Everwarm engaged BN to provide labour at several sites across Scotland but it was not until December 2015 that Everwarm began to issue written subcontract orders, by which time BN had already carried out some £8m of work.

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