Subject Matter
JCT With Contractor’s Design Standard Form of Building Contract. Partial Possession, practical completion, use and occupation. LADs, penalty. Compromise. Adjudication Matter. Jurisdiction of the Court to entertain claims not previously referred to adjudication.
Decision
1. No part of the Works had been taken into possession prior to the October 1999 Agreement.
2. The rate of pounds 5,000 per day provided for by the October 1999 Agreement was not a penalty nor was it unenforceable.
3. Impresa’s claim for loss and expense was not compromised by the October 1999 Agreement.
4. The court has jurisdiction to determine the entirety of Cola’s claims for defects including those defects where the relevant notification or dispute first occurred after 23 March 2001.
Judges:
His Honour Judge Thornton QC
Citations:
[2002] EWHC 1363 (TCC), 87 Con LR 123
Links:
Jurisdiction:
England and Wales
Construction
Updated: 04 June 2022; Ref: scu.442168