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ARTICLE · 24 OCTOBER 2019

Meaning Of Practical Completion

RHTLaw Taylor Wessing
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The UK Court of Appeal in Mears Limited v Costplan Services (South East) Limited, Plymouth (Notte Street) Limited, J.R. Pickstock Limited [2019] EWCA Civ 502 considered the meaning of practical completion ...

United KingdomReal Estate and Construction
Conrad Campos
Conrad Campos

The UK Court of Appeal ("EWCA") in Mears Limited v Costplan Services (South East) Limited, Plymouth (Notte Street) Limited, J.R. Pickstock Limited [2019] EWCA Civ 502 considered the meaning of practical completion and when a breach of contract can prevent practical completion.

Pursuant to an Agreement for Lease ("AFL") dated 20 May 2016, Mears, which was in the business of providing managed student accommodation, contracted with Plymouth ("Developer") to take a long lease of 2 blocks of student accommodation constructed by Pickstock after certification of practical completion. Under the JCT building contract, Pickstock was required to complete the construction of the works in conformity with the Developer's obligations under the AFL. In this regard, the AFL did not contain a contractual definition of "Practical Completion" and Clause 6 of the AFL provided that the Developer shall not make any material variations to the size, layout or appearance, and a reduction of

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