000 01988cab a22002175a 4500
001 L137927
008 070508e2007 xxk f w 000 0 eng d
035 _a(Sirsi) u137927
041 0 _aeng
245 0 0 _aReinwood Ltd v L Brown and Sons Ltd
260 _c2007
490 0 _aBuilding Law Reports
_vFebruary 2007, 10-29(20)
520 _aQBD (TCC), 9 November 2006. Considered the application and meaning of the phrase unreasonably or vexatiously in the context of the issue of an initial notice of default and a notice of determination under a standard JCT contract. Claimant development company (R) was the employer under a contract with defendant contractor (B) to construct residential apartments. When the project overran and the contractual completion date passed a dispute arose regarding the payment of the balance of damages (an extension of time granted to B had reduced the amount of damages owed to R). B served a formal notice of default after R failed to effect payment by the final due date under the interim certificate. B then issued a notice of determination of the contract and left the development site when R failed to make a stage payment following a second interim certificate. R brought proceedings for declaratory relief on the basis that the notices were invalid and that B was not entitled to determine the contract. B sought by counterclaim that it had properly determined the contract. "Held": claim by R dismissed, judgment for B. B had not acted unreasonably in leaving the site and was entitled to determine the contract. "John Jarvis Ltd v Rockdale Housing Association Ltd" ([1986] 36 BLR 48) applied.
590 _aKA
650 2 4 _aREINWOOD LTD V L BROWN AND SONS LTD
650 2 4 _aJOHN JARVIS LTD V ROCKDALE HOUSING ASSOCIATION LTD
650 2 4 _aJCT STANDARD FORM OF BUILDING CONTRACT (1998 EDITION)
651 4 _aEngland and Wales
_y1543-
690 _aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
942 _n0
999 _c78740
_d78740