Source: All England Reporter
Publisher Citation: [2007] All ER (D) 228 (Jun)
Neutral Citation: [2007] EWCA Civ 601
Court: Court of Appeal, Civil Division

Mummery, Arden and Dyson LJJ

Representation 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.
Judgment Dates: 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.

The Case

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.

Practice Areas

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