Playing with contracts can muddy completion disputes
Series: Construction News ; (6790) 31 October 2002, 54(1)Publication details: 2002Subject(s): Summary: Considers issue of disputes over delays to completion of works, which are made complicated when partial possession has taken place. A change in the usual wording of the contract, in this case the JCT WCD 1981, can add to these problems. In the case of "Skanska Construction (Regions) Ltd v Anglo-Amsterdam Corporation Ltd" [2002] it was found that contracts should make provision for the adjustment of the liquidated damages regime in the circumstance where the client required partial possession of the works. Concludes that if clients can take possession of the whole of the works prior to the completion date, the contract should make it clear that practical completion is deemed to have taken place at that date.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS66199 (Browse shelf(Opens below)) | 1 | Available | 120850-1001 |
Considers issue of disputes over delays to completion of works, which are made complicated when partial possession has taken place. A change in the usual wording of the contract, in this case the JCT WCD 1981, can add to these problems. In the case of "Skanska Construction (Regions) Ltd v Anglo-Amsterdam Corporation Ltd" [2002] it was found that contracts should make provision for the adjustment of the liquidated damages regime in the circumstance where the client required partial possession of the works. Concludes that if clients can take possession of the whole of the works prior to the completion date, the contract should make it clear that practical completion is deemed to have taken place at that date.