The following Construction Q&A provides comprehensive and up to date legal information covering:
Clause 220.127.116.11 of the JCT Design and Build Contract (DB) 2011/2016 provides that, where a Non-Completion Notice has been issued (due to the Contractor having failed to complete the Works (or a Section) by the Completion Date), and provided that an initial notice has been given under clause 18.104.22.168, the Employer may give a further notice that:
‘he requires the Contractor to pay liquidated damages at the rate stated in the Contract Particulars, or lesser rate stated in the notice, in which event the Employer may recover the same as a debt…’
Similar wording is found in clause 22.214.171.124 of the JCT Standard Building Contract (SBC) 2011/2016.
Alternatively, the Employer may give notice that it will withhold or deduct liquidated damages from sums due to the Contractor (clause 126.96.36.199 of DB 2011/2016, clause 188.8.131.52 of SBC 2011/2016). However, in practice this may not always be
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