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ARTICLE · 17 JANUARY 2019

Legal Developments In Construction Law Update – December 2018

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Under the JCT 2011 Design and Build contract three notices have to be given, in order, before liquidated damages can be recovered by the employer.

United KingdomReal Estate and Construction
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Legal Developments In Construction Law Update – December 2018

Under the JCT 2011 Design and Build contract three notices have to be given, in order, before liquidated damages can be recovered by the employer. There is a non-completion notice, a notice warning that damages may be required, deducted or withheld and then the actual deduction notice. In S&T (UK) Ltd v Grove Developments Ltd the notices were received in the correct order, but the final, deduction, notice, was received just seven seconds after the warning notice. Was the contractor entitled to have a brief period after receiving the warning notice, to do something about it? Was service of the second and third notices so close together that it was not compliant with the contract?

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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