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The implications of condition precedent non-compliance

By: Series: Contract Journal ; 410(6341) 22 August 2001, 24(1) | Contract Journal ; 418(6429) 4 June 2003, 21(1) | Construction News ; (6823) 3 July 2003, 24(1)Publication details: 2001Subject(s): Summary: Considers the case "City Inn Ltd v Shepherd Construction Ltd" and the issue raised over whether a requirement for notices stated to be 'condition precedent' to a contractor's entitlement may be construed as a penalty and unenforceable. The clause was designed to ensure the employer would be informed if and when the contractor thought that the issue of an architect's instruction would cause delay. The implication in this case shows that a clause requiring notification and particulars of the effects of instructions as a condition precedent to an entitlement for extension of time will generally not be construed as a penalty.
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Journal article London Journal article ABS64321 (Browse shelf(Opens below)) 1 Available 114334-1001

Considers the case "City Inn Ltd v Shepherd Construction Ltd" and the issue raised over whether a requirement for notices stated to be 'condition precedent' to a contractor's entitlement may be construed as a penalty and unenforceable. The clause was designed to ensure the employer would be informed if and when the contractor thought that the issue of an architect's instruction would cause delay. The implication in this case shows that a clause requiring notification and particulars of the effects of instructions as a condition precedent to an entitlement for extension of time will generally not be construed as a penalty.

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