When pre-determined damages for delay are considered a penalty
Have you ever ‘entered’ into a contract without giving the sum quoted for delay damages much thought until the time that the damages were deducted from a payment? It has happened to the best of them!
In this briefing, we examine the possibility of challenging the level […]

Adjudication…
Representation in Adjudication proceedings on behalf of the Referring Party main contractor during the second quarter 2007, successfully arguing that the Practical Completion Certificate issued under the JCT MW 1998 remained valid despite its purported ‘cancellation’ by the Contract Administrator (see our Autumn 2007 briefings).
Successful representation in Adjudication proceedings on a final account dispute on […]

The effect of a Practical Completion Certificate under the JCT
All standard forms of contract provide for the issuing of a notification when practical completion has been achieved. The JCT 2005 suite of contracts provide for the certification of practical completion of the Works when in the opinion of the Architect or Contract Administrator it […]

Repudiation
The general rule is that a breach of contract will not entitle the innocent party to treat the contract as discharged. The exception to this rule is where there is seriously defective performance or a refusal to perform which amounts to a repudiatory breach of contract, and the innocent party has the right to […]