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Is that your final answer?

By: Series: Building ; 265(8163) 24 November 2000, 56-57(2)Publication details: 2000Subject(s): Summary: Examines how far the final certificate clause in JCT contracts can prevent a client from suing a contractor for latent defects. Discusses the recent case of "Barking LBC v Terrapin Construction" where the omission of references to 'design' in the final certificate clause under the JCT 1981 contract, meant the client was not prevented from complaining about design defects after the final account and final statement. Concludes that JCT should act accordingly to avoid further confusion, by either identifying a clear cut-off point with regard to design, materials and workmanship or disregarding the notion.

Examines how far the final certificate clause in JCT contracts can prevent a client from suing a contractor for latent defects. Discusses the recent case of "Barking LBC v Terrapin Construction" where the omission of references to 'design' in the final certificate clause under the JCT 1981 contract, meant the client was not prevented from complaining about design defects after the final account and final statement. Concludes that JCT should act accordingly to avoid further confusion, by either identifying a clear cut-off point with regard to design, materials and workmanship or disregarding the notion.