Liberty Mercian Ltd v Dean and Dyball Construction Ltd (Record no. 81114)

MARC details
000 -LEADER
fixed length control field 02328cad a22002535a 4500
001 - CONTROL NUMBER
control field L146278
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 090105e20081031xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u146278
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Liberty Mercian Ltd v Dean and Dyball Construction Ltd
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2008
520 ## - SUMMARY, ETC.
Summary, etc. [2008] EWHC 2617 (TCC), 31 October 2008. Case considers whether a construction building planning was workable and whether it gave rise to a penalty. Liberty Mercian Ltd (L) contracted with Dean and Dyball Construction Ltd (D) for the construction of a retail project. This project was divided into five sections, the start of phases two to five following the completion of the previous one. D fell behind schedule and was eight weeks late for the completion of section 1. Extension of four weeks for each section of the project was awarded. The contract made provision for liquidated damages per week of delay for each section. Because of the delay in the first section, all the other sections were four weeks delayed and incurred the relevant liquidated damages. D argued that the liquidated damages were equivalent to a penalty at each stage of the project and should be set aside. "Held": The judge considered that the liquidated damages were not a penalty as it was clear that this contract was based on sequential completion of construction works and that delay on one section would automatically bring delay of the same amount of time on the following sections. The difference in the amount of liquidated damages due for each section was a proof that they were a genuine pre-estimate of specific loss.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LIBERTY MERCIAN LTD V DEAN AND DYBALL CONSTRUCTION LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DUNLOP PNEUMATIC TYRE CO LTD V NEW GARAGE AND MOTOR CO LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PHILIPS HONG KONG LTD V ATTORNEY GENERAL OF HONG KONG
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BRAES OF DOUNE WINDFARM (SCOTLAND) LTD V ALFRED MCALPINE BUSINESS SERVICES LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PEAK CONSTRUCTION LIVERPOOL LTD V MCKINNEY FOUNDATIONS LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BRAMMALL AND OGDEN LTD V SHEFFIELD CITY COUNCIL
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/TCC/2008/2617.html">https://www.bailii.org/ew/cases/EWHC/TCC/2008/2617.html</a>
Public note View the case free of charge at www.bailli.org...
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     Virtual Virtual Online 05/01/2009   ONLINE PUBLICATION 146278-2001 06/08/2019 1 06/08/2019 Law report