- Court gives guidance on JCT final account provisions (CC Construction v Mincione)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Was the final statement conclusive?
- The due date
- The adjudicator’s decision and the Employer’s LADs claim
- Case details
Construction analysis: In this judgment, the Technology and Construction Court (TCC) dealt with multiple issues arising from a dispute concerning the final account under a JCT Design and Build Contract (2011 Edition). It found that the due date for the final payment, as set out in the Final Statement, was not calculated from the date of the issue of a Notice of Completion of Making Good (NCMG) if there were no relevant defects to be made good, and that it was not in all cases necessary to raise proceedings to prevent the Final Statement becoming conclusive. The court also considered the effect on an adjudicator’s decision of the adjudicator’s failure to consider a claim for liquidated and ascertained damages (LADs) introduced by the employer.
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