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