000 01891cad a22002055a 4500
001 L143128
008 080409e20070621xxk f v 000 0 eng d
035 _a(Sirsi) u143128
041 0 _aeng
245 0 0 _aReinwood Ltd v L Brown and Sons Ltd
_h[electronic resource]
260 _c2007
520 _a[2007] EWCA Civ 601, 21 June 2007. Appeal by employer (R) against a decision ([2007] BLR 10, L137927) that a JCT contract had been validly determined by notice given by the respondent contractor (B). When an extension of time was granted following project delays, B assumed this would reduce the amount of liquidated damages that R could deduct. When R did not make further payment, B served a notice of default, and when R failed to make a payment pursuant to another certificate several months later, B gave notice of determination relying on the previous notice of default. R claimed B had unlawfully terminated the contract because the previous notice was invalid, but the judge held that the termination by B was valid. R appealed. "Held": appeal allowed. R was entitled to deduct the amount of damages specified in the notice (despite the fact that the certificate of non-completion was cancelled by the subsequent grant of an extension of time) because the conditions for the deduction of liquidated and ascertained damages from the payment certificate were satisfied at the time when R gave notice of intention to deduct.
650 2 4 _aREINWOOD LTD V L BROWN AND SONS LTD
650 2 4 _aJCT STANDARD FORM OF BUILDING CONTRACT (1998 EDITION)
650 2 4 _aA BELL AND SON (PADDINGTON) LTD V CBF RESIDENTIAL CARE
651 4 _aEngland and Wales
_y1543-
690 _aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2007/601.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c80068
_d80068