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Skanska Construction (Regions) Ltd v Anglo-Amsterdam Corporation Ltd

Series: Construction Law Reports ; [2003] 84 Con LR 100-116(17)Publication details: 2003Subject(s): Summary: TCC 20 June 2002. Claimant Skanska(S) appealed against an arbitration award dismissing a claim by S to recover liquidated damages deducted by respondent Anglo-Amsterdam (A). S was the contractor for the building of an office in Edinburgh whilst A was the employer. The contract used was JCT WCD 1981. S argued that practical completion took place on 12 February 1996 and as partial possession was given for the whole of the building on this date, its liability to pay liquidated damages ended 12 February in accordance with cl17of the contract. The arbitrator ruled that practical completion as defined by cl16 did not take place until 25 April 1996. Held that S handed over possession on 12 February 1996. S was entitled to repayment of the liquidated damages it had paid out as deemed practical completion under cl17.1 of the whole of the works occurred on 12 February on account of partial possession of the whole of the works being taken by A.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journals ABS66313 (Browse shelf(Opens below)) 1 Available 121203-1001

TCC 20 June 2002. Claimant Skanska(S) appealed against an arbitration award dismissing a claim by S to recover liquidated damages deducted by respondent Anglo-Amsterdam (A). S was the contractor for the building of an office in Edinburgh whilst A was the employer. The contract used was JCT WCD 1981. S argued that practical completion took place on 12 February 1996 and as partial possession was given for the whole of the building on this date, its liability to pay liquidated damages ended 12 February in accordance with cl17of the contract. The arbitrator ruled that practical completion as defined by cl16 did not take place until 25 April 1996. Held that S handed over possession on 12 February 1996. S was entitled to repayment of the liquidated damages it had paid out as deemed practical completion under cl17.1 of the whole of the works occurred on 12 February on account of partial possession of the whole of the works being taken by A.