Caught in possession
Dodsworth, C.
Caught in possession - 2005 - Construction News (6898) 7 January 2005, 22(1) .
There are three main types of possession that a contractor can take note of on a construction site and these can affect the level of liquidated damages risk it is exposed to if delays should occur on a project. The types of possession are exclusive possession, exclusive possession with use/occupation by the client and partial possession. The last two are treated differently and there are some recent examples including, "Impresa Castelli SPA v Cola Holdings Ltd ([2002] EWHC 1363 (TCC), [2002] CILL 1904)". Here, there was a dispute over damages and the judge had to decide if Cola had achieved partial possession of a site which, if proved, would have reduced the amount of damages payable by Impresa.
SKANSKA CONSTRUCTION (REGIONS) LTD V ANGLO-AMSTERDAM CORPORATION LTD
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-JOINT CONTRACTS TRIBNUAL CONTRACTS
PRACTICAL COMPLETION
PARTIAL POSSESSION
EXCLUSIVE POSSESSION
LIQUIDATED DAMAGES
IMPRESA CASTELLI SPA V COLA HOLDINGS LTD
Caught in possession - 2005 - Construction News (6898) 7 January 2005, 22(1) .
There are three main types of possession that a contractor can take note of on a construction site and these can affect the level of liquidated damages risk it is exposed to if delays should occur on a project. The types of possession are exclusive possession, exclusive possession with use/occupation by the client and partial possession. The last two are treated differently and there are some recent examples including, "Impresa Castelli SPA v Cola Holdings Ltd ([2002] EWHC 1363 (TCC), [2002] CILL 1904)". Here, there was a dispute over damages and the judge had to decide if Cola had achieved partial possession of a site which, if proved, would have reduced the amount of damages payable by Impresa.
SKANSKA CONSTRUCTION (REGIONS) LTD V ANGLO-AMSTERDAM CORPORATION LTD
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-JOINT CONTRACTS TRIBNUAL CONTRACTS
PRACTICAL COMPLETION
PARTIAL POSSESSION
EXCLUSIVE POSSESSION
LIQUIDATED DAMAGES
IMPRESA CASTELLI SPA V COLA HOLDINGS LTD