Conclusive evidence that contracts are minefields
Series: Construction News ; (6685) 28 September 2000, 24(1)Publication details: 2000Subject(s): Summary: Considers the implications of "Barking and Dagenham LBC v Terrapin Construction". The overall effect of the judgment in this case is that agreement of the final account and final statement under JCT 1981 is as conclusive concerning materials and workmanship as a final certificate issued by an architect under JCT 1980. The clause is also conclusive on latent and patent defects. However, the final account and final statement do not provide conclusive evidence of satisfaction with the contractor's design under JCT 1981. When negotiating a contract contractors and employers are advised to look carefully at the conclusive evidence clauses in JCT 1980 and JCT 1981 to ensure they are clear about what they want covered by the clause and what cannot be covered. They should also make sure they have the most recent edition of the relevant forms.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS62949 (Browse shelf(Opens below)) | 1 | Available | 108817-1001 |
Considers the implications of "Barking and Dagenham LBC v Terrapin Construction". The overall effect of the judgment in this case is that agreement of the final account and final statement under JCT 1981 is as conclusive concerning materials and workmanship as a final certificate issued by an architect under JCT 1980. The clause is also conclusive on latent and patent defects. However, the final account and final statement do not provide conclusive evidence of satisfaction with the contractor's design under JCT 1981. When negotiating a contract contractors and employers are advised to look carefully at the conclusive evidence clauses in JCT 1980 and JCT 1981 to ensure they are clear about what they want covered by the clause and what cannot be covered. They should also make sure they have the most recent edition of the relevant forms.