T017 L&AD

T017 L&AD

contractor late completing a contract is in breach and may need 2 pay damages
1. 2 types
  1. liquidated
  2. unliquidated
Damages in contracts
1. JCT
  1. JCT SBC/IC/Prime Cost
    1. LD's are inputted into the contract particulars
    2. inc 4 sectional completion damages
    3. no cap on LD's
    4. ddt from sums due to contractor/
    5. Non-completion cert must be issued as must appropriate payment notices
  2. JCT Management Bdg contract
    1. LD's are inputted into the contract particulars
    2. inc 4 sectional completion damages
    3. no cap on LD's
    4. ddt from sums due to contractor
    5. Non-completion cert must be issued as must appropriate payment notices
  3. JCT D&B
    1. LD's are inputted into the contract particulars
    2. inc 4 sectional completion damages
    3. Total liability does not apply 2 or is not affected by LD provisions
    4. ddt from sums due to contractor
    5. Non-completion cert must be issued as must appropriate payment notices
  4. JCT MW
    1. LD's are inputted into the contract particulars
    2. No sectional completion damages
    3. no cap on LD's
    4. ddt from sums due to contractor
    5. No provision 4 partial possession & non-completion certificate if NOT REQUIRED
  5. JCT Mgm contract
    1. Damages are Unliquidated
    2. LD's not entered into the contract
    3. No sectional completion damages
    4. Cap on LD is irrelevant
    5. ddt from sums due to contractor
    6. No provisional for partial posession
2. NCE ECC
  1. NEC ECC Option A to F
    1. Delay damages are inputted in contract data Pt 1
    2. inc 4 sectional completion damages
    3. no cap on DD's the guidance book implies the standard contract data can be amended
    4. Inc in PM certificate 2 MC & emp.
    5. interest applicable if damages deducted and sub the completion date is revised. if delay damages is an optional clause is NOT selected then damages will be unliquidated
3. FIDIC
  1. FIDIC red book
    1. Delay damages are inputted in appendix to tende
    2. inc 4 sectional completion damages
    3. Enter text here
  2. FIDIC Orange

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	Created by alison_patey0437 almost 11 years ago