| 000 | 01468cab a2200253 4500 | ||
|---|---|---|---|
| 001 | ABS45408 | ||
| 008 | 090401t1991 xxu||||| |||| 00| 0 eng d | ||
| 035 | _a(Sirsi) u52748 | ||
| 041 | _aeng | ||
| 245 | _aEmson Eastern Ltd (in receivership) v EME Developments Ltd | ||
| 260 | _c1991 | ||
| 350 | _a0 | ||
| 490 |
_aConstruction Industry Law Letter _v1991 CILL 696-697(2) |
||
| 520 | _aQBD 22 July 1991. Considered the meaning of completion in Clause 27 of JCT 1980. Plaintiff contractor Emson (X) claimed £482,136.90 as the value of works under the contract together with a claim for loss and expense for delay and disruption. Defendant employer EME (Y) claimed no liability to make any further payment until after completion of work under Clause 27. Two preliminary issues raised were (1) if "works" included snagging and remedial work and (2) is practical completion equivalent to completion. Held that "work" does not include snagging or other remedial work undertaken after practical completion. Practical completion is also the same as completion. Therefore Y was unable to rely on Clause 27 to resist X`s claim although Y might have some redress under common law. | ||
| 650 | _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS | ||
| 650 | _aCLAIMS | ||
| 650 | _aCOMPLETION | ||
| 650 | _aJCT 1980 CL27 | ||
| 650 | _aPRACTICAL COMPLETION | ||
| 650 | _aREMEDIAL WORK | ||
| 690 | _aBUILDING AND CONSTRUCTION-CASE LAW | ||
| 942 | _n0 | ||
| 948 | _c04/03/1997 | ||
| 999 |
_c32584 _d32584 |
||