Balfour Beatty Building Ltd v Chestermount Properties Ltd
Balfour Beatty Building Ltd v Chestermount Properties Ltd
- 1993
- Construction Industry Law Letter 1993 CILL 821-828(8) .
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
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
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
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