||All England Reporter
|| All ER (D) 228 (Jun)
|| EWCA Civ 601
||Court of Appeal, Civil Division
Mummery, Arden and Dyson LJJ
||Stephen Furst QC and Andrew Singer (instructed by the Legal Dept, Dandara Group) for the claimant.
||David Sears QC and Alexander Hickey (instructed by Hammonds) for the defendant.
||21 June 2007
Building contract - Standard form contract - Construction - Notice of intention to deduct liquidated and ascertained damages - Certificate of non-completion cancelled by subsequent extension of time - Whether employer entitled to make deduction.
Building contract Standard form contract. Under the terms of the JCT Standard Form of Contract, 1998 Edition, With Quantities incorporating Amendments 1 of 1999, 2 of 2000 and 3 of 2001, if the conditions for the deduction of liquidated and ascertained damages (LADs) from a payment certificate were satisfied at the time when the employer gave notice of intention to deduct, then the employer was entitled to deduct the amount of LADs specified in the notice, even if the certificate of non-completion was cancelled by the subsequent grant of an extension of time.
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