In making their judgement on the recent case of MY Contracts
Ltd v 74 Hamilton Terrace Freehold Ltd [2024] EWHC 2896, the
Technology and Construction Court ("TCC") provided
helpful guidance on the applicability of holidays and weekends to
the service of notices.
On 2 March 2023, the parties entered into a JCT Design and Build
Contract 2016 with amends, relating to a project at Hamilton
Terrace, London ("the Contract"). During the course of
the Works, Hamilton Terrace Freehold Ltd ("the Employer")
served a Notification of Façade Costs on 3 July 2023.
However, My Contracts Limited ("the Contractor") disputed
its validity, claiming it was not served in time under the
Contract.
The parties issued an adjudication, which found in favour of the
Employer, and the Contractor subsequently commenced Part 8
proceedings in the TCC. Both parties sought declarations as to the
proper construction of the contractual provision by which a notice
had to be served in accordance with
