Judges pare penalty from deduction
Lloyd, H.
Judges pare penalty from deduction - 1993 - Building 258(7084) 23 July 1993, 26(1) .
"Finnegan v Community Housing Association" (1993) resolves a judicial conflict over JCT 1980 cl 24 arising from "A Bell & Sons (Paddington) v CBF Residential Care Housing Association" (1989) and "Jarvis Brent v Rolinson Construction". At issue was the question of whether liquidated damages are to be considered a penalty. The article comments on points of notification arising from this question and concludes that the claim for damages was not a penalty.
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
CLAIMS
COMPLETION
JCT 1980 CL24.1
LIQUIDATED DAMAGES
Judges pare penalty from deduction - 1993 - Building 258(7084) 23 July 1993, 26(1) .
"Finnegan v Community Housing Association" (1993) resolves a judicial conflict over JCT 1980 cl 24 arising from "A Bell & Sons (Paddington) v CBF Residential Care Housing Association" (1989) and "Jarvis Brent v Rolinson Construction". At issue was the question of whether liquidated damages are to be considered a penalty. The article comments on points of notification arising from this question and concludes that the claim for damages was not a penalty.
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
CLAIMS
COMPLETION
JCT 1980 CL24.1
LIQUIDATED DAMAGES