How late is too late? (Record no. 74223)

MARC details
000 -LEADER
fixed length control field 02037cab a2200229 4500
001 - CONTROL NUMBER
control field ABS67475
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 040303n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u125310
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Blackler, T.
245 ## - TITLE STATEMENT
Title How late is too late?
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
490 ## - SERIES STATEMENT
Series statement Building
Volume/sequential designation 269(8318) 6 February 2004, 60(1)
520 ## - SUMMARY, ETC.
Summary, etc. Discusses the effects of the limitation acts on clients' claims, with reference to two cases. Describes how the standard forms of building contract contain many clauses requiring the parties to do things within time limits, and this concludes in the issuing of a final certificate. This contains time restrictions which if not challenged in a short period will have deemed to be certified. In "Cantrell and another v Wright and Fuller" ([2003] EWHC 1545 (TCC), [2003] BLR 412) a client was unhappy with a final certificate and claimed that the certificate was invalid because it was issued beyond the contract timetable and certain preliminary steps had not been taken. The judge decided that the time limits imposed by the contract were neither rigid or imputable so the architect had implied power to issue a certificate out of time. In "Merton LBC v Lowe" (CA, 18 BLR 130) the client had asked the architect to delay issuing the final certificate and when it was issued out of time the client argued it was invalid. The CA rejected this arguing that the client could not invalidate the final certificate by its own conduct. Advises that once a certificate is out of time there is an obligation to give notice to both parties before it can be issued. Clients and contractors can make representations about the contents of the certificate but other requirements of the contract are more rigid and immutable.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CONTRACT DISPUTES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element STANDARD FORM OF BUILDING CONTRACT
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CANTRELL AND ANOTHER V WRIGHT AND FULLER LTD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MERTON LBC V LOWE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TIME LIMITS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 03/03/2004   ABS67475 125310-1001 06/08/2019 1 06/08/2019 Journal article