The employer must give the contractor possession of the site on the agreed date or, if no date is specified, within a reasonable time1. The provision of the site is a condition precedent to the contractor's obligation to carry out the work2. If, however, the contractor starts work at a later date than that agreed, because of delay on the part of the employer, he is deemed to have waived his right to treat the occupation of the site as a condition precedent or to have affirmed the contract; he is then confined to a remedy in damages3. Where
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This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
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