Commentary

58 Remedies for late completion

BUILDING AND ENGINEERING vol 5

58 Remedies for late completion

58 Remedies for late completion

In any case where the contractor fails without justification to complete the works within the prescribed time1, the employer will be entitled to damages for breach of contract2. Such damages are commonly ‘liquidated’, in that the amount payable for each period of delay is fixed in advance by the contract3; where this is not so, the amount payable will be governed by the normal rules of remoteness of damage4.

Whether the employer may exercise any other remedies for late completion by the contractor depends upon the proper construction of the contract. It is possible, though unlikely,

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial