The implications of condition precedent non-compliance
Brewer, G
The implications of condition precedent non-compliance - 2001 - Contract Journal 410(6341) 22 August 2001, 24(1) Contract Journal 418(6429) 4 June 2003, 21(1) Construction News (6823) 3 July 2003, 24(1) .
Considers the case "City Inn Ltd v Shepherd Construction Ltd" and the issue raised over whether a requirement for notices stated to be 'condition precedent' to a contractor's entitlement may be construed as a penalty and unenforceable. The clause was designed to ensure the employer would be informed if and when the contractor thought that the issue of an architect's instruction would cause delay. The implication in this case shows that a clause requiring notification and particulars of the effects of instructions as a condition precedent to an entitlement for extension of time will generally not be construed as a penalty.
CONDITION PRECEDENTS
NON-COMPLIANCE
CITY INN LTD V SHEPHERD CONSTRUCTION LTD
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
PENALTIES
CONTRACT CLAUSES
EXTENSION OF TIME
The implications of condition precedent non-compliance - 2001 - Contract Journal 410(6341) 22 August 2001, 24(1) Contract Journal 418(6429) 4 June 2003, 21(1) Construction News (6823) 3 July 2003, 24(1) .
Considers the case "City Inn Ltd v Shepherd Construction Ltd" and the issue raised over whether a requirement for notices stated to be 'condition precedent' to a contractor's entitlement may be construed as a penalty and unenforceable. The clause was designed to ensure the employer would be informed if and when the contractor thought that the issue of an architect's instruction would cause delay. The implication in this case shows that a clause requiring notification and particulars of the effects of instructions as a condition precedent to an entitlement for extension of time will generally not be construed as a penalty.
CONDITION PRECEDENTS
NON-COMPLIANCE
CITY INN LTD V SHEPHERD CONSTRUCTION LTD
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
PENALTIES
CONTRACT CLAUSES
EXTENSION OF TIME