- Conflicting definitions of practical completion affecting potential liability for losses (GB Building v SFS Fire Services)
- Original news
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
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.
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