000 01562cab a2200229 4500
001 ABS68188
008 040930n2004 000 0 eng u
035 _a(Sirsi) u127580
100 _aStokes, M.
245 _aLiquidated damages - from Eden to dome
260 _c2004
490 _aConstruction Law Review
_v 2004, 31-32(2)
520 _aDiscusses "Bath and North East Somerset DC v Mowlem plc" ([2004] EWCA Civ 722, Abs67985), relating to the consideration of liquidated damages provisions in the context of an application for an interim injunction. Warns that situations can arise where contractors, when considering an optimistic employer specified contract period, include in their price some exposure to liquidated damages. This means, in effect, the contractor is treating the liquidated damages figure as an agreed price for its potential breach. Questions whether any delay entitles the employer to liquidated damages. Suggests issues arising over access can be met by ensuring critical access issues are defined in the contract, complete with appropriate sectional completion dates or contractual milestones and appropriate liquidated damages provisions.
590 _aABS
650 _aBATH AND NORTH EAST SOMERSET DC V MOWLEM PLC
650 _aLIQUIDATED DAMAGES
650 _aASCERTAINED DAMAGES
650 _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-JOINT CONTRACTS TRIBNUAL CONTRACTS
650 _aINTERLOCUTORY INJUNCTIONS
690 _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
942 _n0
999 _c74551
_d74551