The employer received a notice of non-completion from his architect, and in turn served a notice on the contractor under section 111, and deducted damages for non-completion from the next payment. The contractor said this was not allowed because the architect had in the meantime granted an extension.
Held: The contract should be construed in the light of the statute to which it gave effect. The extension did not cancel the notce of non-completion. The contractor should still have referred the matter to arbitration.
Judges:
Lord Hope of Craighead, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood, Lord Neuberger of Abbotsbury
Citations:
[2008] UKHL 12
Links:
Statutes:
Housing Grants, Construction and Regeneration Act 1996 111
Jurisdiction:
England and Wales
Citing:
Appeal from – Reinwood Ltd v L Brown and Sons Ltd CA 21-Jun-2007
. .
Cited – Melville Dundas Ltd and others v George Wimpey UK Ltd and others HL 25-Apr-2007
The appellant sought an interim payment for works of construction undertaken for the respondents under a JCT contract. The respondents contended that, having terminated the contract on their receivership, the contract and Act meant that the interim . .
Cited by:
See Also – Reinwood Ltd v L Brown and Sons Ltd CA 17-Oct-2008
The court was asked whether a contractor under a particular building contract was entitled to determine the contract and walk away, or whether such behaviour amounted to a repudiation entitling the main contractor to damages. . .
Lists of cited by and citing cases may be incomplete.
Construction, Contract
Updated: 13 July 2022; Ref: scu.264638
