Background
Cyden Homes Limited (the “Defendant”) engaged North Midland Building Limited (the “Claimant”) to design and construct a large house (known as ‘South Farm’) plus outbuildings. The contract used was the JCT Design & Build Contract 2005 with bespoke amendments.
The amendment at issue in this case concerned the extension of time provision where the employer has received notification of
Cases such as ISG v Seevic[1] and Galliford Try v Estura[2] illustrate the problems that can occur when a payer fails to issue the required payment or payless notices. The aforementioned cases established the principle that where, in respect of interim payment applications, there is an absence of the appropriate notices, an adjudicator cannot deal with the issue
It has long been understood that although an adjudicator can direct which party should pay his fees, the parties to the adjudication cannot recover their costs and the adjudicator cannot therefore award such costs. The Local Democracy, Economic Development and Construction Act of 2009 introduced an exception to this rule, which allowed the parties to agree that costs could be
Standard form construction contracts always include a mechanism for assessing whether and how the time for completion of works should be extended. An extension of time must be granted where a certain type of delay occurs. Justin Mendelle and Uzma Raja explain how these are dealt with in different ways under the JCT and NEC suite of contracts.
Under the
