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Conflicting definitions of practical completion affecting potential liability for losses (GB Building v SFS Fire Services)

Conflicting definitions of practical completion affecting potential liability for losses (GB Building v SFS Fire Services)
Published on: 01 June 2017
Published by: LexisPSL
  • Conflicting definitions of practical completion affecting potential liability for losses (GB Building v SFS Fire Services)
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Article summary

Construction analysis: The court considered preliminary issues relating to a dispute arising out of an amended JCT Design and Build Sub-contract 2005 containing two, apparently conflicting, definitions of practical completion. Whether or not practical completion had occurred before a flood (a Specified Peril under the contract) caused damage affected the contractor's ability to pursue a claim against the sub-contractor. The general principles of contractual interpretation were applied to determine that the definition in the schedule of modifications did not apply to the clause in question and practical completion had occurred before the flood. or take a trial to read the full analysis.

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