Beaufort House Developments Ltd v Zimmcor (International) Inc and others
Beaufort House Developments Ltd v Zimmcor (International) Inc and others
- 1990
- Construction Industry Law Letter (1990) CILL 572-573(2) .
ORC 12 March 1990. Claim for damages and loss incurred by the client (BF) as a result of the first defendant`s (Z) failure to complete. Claim made under a Trade Contract widely used on the Broadgate development, not in one of the well known standard forms, but with some similarities to the JCT main contract. Z was trade contractor for curtain walling , cladding , windows and doors and Bovis Construction (B) was the construction manager and under the trade contract had powers similar but not identical to those of the architect under JCT 1980 . Clause 19(1) of the contract provided that the works were to be commenced on the site "within the period stated in the programme from the date of B`s instruction to proceed...and that Z must complete the works...within the periods for completion...stated in the programme, subject to any extensions of time granted by B. Clause 19(3) stated if Z is in breach of any of his obligations under 19(1) he shall ... forthwith pay or allow the client such
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
CASE LAW
COMPLETION
MANAGEMENT CONTRACT
NON-STANDARD FORM
SET-OFF
ORC 12 March 1990. Claim for damages and loss incurred by the client (BF) as a result of the first defendant`s (Z) failure to complete. Claim made under a Trade Contract widely used on the Broadgate development, not in one of the well known standard forms, but with some similarities to the JCT main contract. Z was trade contractor for curtain walling , cladding , windows and doors and Bovis Construction (B) was the construction manager and under the trade contract had powers similar but not identical to those of the architect under JCT 1980 . Clause 19(1) of the contract provided that the works were to be commenced on the site "within the period stated in the programme from the date of B`s instruction to proceed...and that Z must complete the works...within the periods for completion...stated in the programme, subject to any extensions of time granted by B. Clause 19(3) stated if Z is in breach of any of his obligations under 19(1) he shall ... forthwith pay or allow the client such
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
CASE LAW
COMPLETION
MANAGEMENT CONTRACT
NON-STANDARD FORM
SET-OFF