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Balfour Beatty Building Ltd v Chestermount Properties Ltd

Language: English Series: Construction Industry Law Letter ; 1993 CILL 821-828(8)Publication details: 1993Subject(s): Summary: Commercial Court 23 January 1993. Raises question of whether or not a variation ordered during a period of culpable delay sets time for completion at large. Contractor B agreed to construct an office block for employer C according to conditions laid down in JCT Standard Form Private Edition with Approximate Quantities. Work, involving shell and core construction with elements of development fit-out, commenced September 1987 with completion date of 17 April 1989. The Architect issued three Certificates of Non-Completion on 11 October 1988, 18 December 1990 and 14 May 1991 as a result of practical completion not taking place until 25 February 1991. C claimed entitlement to deduct £3.84m as liquidated damages from payments to B. B contended that the Architect`s instructions issued during the default period set aside contractual obligations for completion replacing it with an obligation to complete within a reasonable time. B also argued that if contractual obligations were in force, dam
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Law report London Journal article ABS48385 (Browse shelf(Opens below)) 1 Available 66441-1001

Commercial Court 23 January 1993. Raises question of whether or not a variation ordered during a period of culpable delay sets time for completion at large. Contractor B agreed to construct an office block for employer C according to conditions laid down in JCT Standard Form Private Edition with Approximate Quantities. Work, involving shell and core construction with elements of development fit-out, commenced September 1987 with completion date of 17 April 1989. The Architect issued three Certificates of Non-Completion on 11 October 1988, 18 December 1990 and 14 May 1991 as a result of practical completion not taking place until 25 February 1991. C claimed entitlement to deduct £3.84m as liquidated damages from payments to B. B contended that the Architect`s instructions issued during the default period set aside contractual obligations for completion replacing it with an obligation to complete within a reasonable time. B also argued that if contractual obligations were in force, dam