Balfour Beatty Building Ltd v Chestermount Properties Ltd
Language: English Series: Construction Industry Law Letter ; 1993 CILL 821-828(8)Publication details: 1993Subject(s):- MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
- BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
- CERTIFICATE OF NON-COMPLETION
- CLAIMS
- COMPLETION
- CONTRACTUAL DISPUTES
- DELAY
- EXTENSIONS OF TIME
- JCT STANDARD FORM OF BUILDING CONTRACT (1980 EDITION)
- LIQUIDATED DAMAGES
- TIME AT LARGE
- VARIATIONS
- BUILDING AND CONSTRUCTION-CASE LAW
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS48385 (Browse shelf(Opens below)) | 1 | Available | 66441-1001 |
Commercial Court 23 January 1993. Raises question of whether or not a variation ordered during a period of culpable delay sets time for completion at large. Contractor B agreed to construct an office block for employer C according to conditions laid down in JCT Standard Form Private Edition with Approximate Quantities. Work, involving shell and core construction with elements of development fit-out, commenced September 1987 with completion date of 17 April 1989. The Architect issued three Certificates of Non-Completion on 11 October 1988, 18 December 1990 and 14 May 1991 as a result of practical completion not taking place until 25 February 1991. C claimed entitlement to deduct £3.84m as liquidated damages from payments to B. B contended that the Architect`s instructions issued during the default period set aside contractual obligations for completion replacing it with an obligation to complete within a reasonable time. B also argued that if contractual obligations were in force, dam