Is that your final answer?
Blackler, T.
Is that your final answer? - 2000 - Building 265(8163) 24 November 2000, 56-57(2) .
Examines how far the final certificate clause in JCT contracts can prevent a client from suing a contractor for latent defects. Discusses the recent case of "Barking LBC v Terrapin Construction" where the omission of references to 'design' in the final certificate clause under the JCT 1981 contract, meant the client was not prevented from complaining about design defects after the final account and final statement. Concludes that JCT should act accordingly to avoid further confusion, by either identifying a clear cut-off point with regard to design, materials and workmanship or disregarding the notion.
JCT 1981
JCT STANDARD FORM OF BUILDING CONTRACT (1998 EDITION)
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-JOINT CONTRACTS TRIBNUAL CONTRACTS
DEFECTS LIABILITY PERIOD
DESIGN DEFECTS
FINAL CERTIFICATE
BARKING AND DAGENHAM LBC V TERRAPIN CONSTRUCTION
Is that your final answer? - 2000 - Building 265(8163) 24 November 2000, 56-57(2) .
Examines how far the final certificate clause in JCT contracts can prevent a client from suing a contractor for latent defects. Discusses the recent case of "Barking LBC v Terrapin Construction" where the omission of references to 'design' in the final certificate clause under the JCT 1981 contract, meant the client was not prevented from complaining about design defects after the final account and final statement. Concludes that JCT should act accordingly to avoid further confusion, by either identifying a clear cut-off point with regard to design, materials and workmanship or disregarding the notion.
JCT 1981
JCT STANDARD FORM OF BUILDING CONTRACT (1998 EDITION)
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-JOINT CONTRACTS TRIBNUAL CONTRACTS
DEFECTS LIABILITY PERIOD
DESIGN DEFECTS
FINAL CERTIFICATE
BARKING AND DAGENHAM LBC V TERRAPIN CONSTRUCTION