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Caught in possession

By: Series: Construction News ; (6898) 7 January 2005, 22(1)Publication details: 2005Subject(s): Summary: There are three main types of possession that a contractor can take note of on a construction site and these can affect the level of liquidated damages risk it is exposed to if delays should occur on a project. The types of possession are exclusive possession, exclusive possession with use/occupation by the client and partial possession. The last two are treated differently and there are some recent examples including, "Impresa Castelli SPA v Cola Holdings Ltd ([2002] EWHC 1363 (TCC), [2002] CILL 1904)". Here, there was a dispute over damages and the judge had to decide if Cola had achieved partial possession of a site which, if proved, would have reduced the amount of damages payable by Impresa.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS68598 (Browse shelf(Opens below)) 1 Available 128606-1001

There are three main types of possession that a contractor can take note of on a construction site and these can affect the level of liquidated damages risk it is exposed to if delays should occur on a project. The types of possession are exclusive possession, exclusive possession with use/occupation by the client and partial possession. The last two are treated differently and there are some recent examples including, "Impresa Castelli SPA v Cola Holdings Ltd ([2002] EWHC 1363 (TCC), [2002] CILL 1904)". Here, there was a dispute over damages and the judge had to decide if Cola had achieved partial possession of a site which, if proved, would have reduced the amount of damages payable by Impresa.