000 01490cam a2200217 4500
001 ABS62949
008 000000n2000 000 0 eng u
035 _a(Sirsi) u108817
100 _aCrossman, H.
245 _aConclusive evidence that contracts are minefields
260 _c2000
490 _aConstruction News
_v(6685) 28 September 2000, 24(1)
520 _aConsiders 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.
590 _aABS
650 _aJCT 1980 CL 30.9.1.1
650 _aJCT 1981 CL 30.8.1.1
650 _aFINAL CERTIFICATE
650 _aBARKING AND DAGENHAM LBC V TERRAPIN CONSTRUCTION
690 _aBUILDING AND CONSTRUCTION-CONTRACTS-JCT CONTRACTS
942 _n0
999 _c64964
_d64964