Under JCT Standard Building Contract 2009 contracts, what is the legal position if a serious defect arises when a Works in virtually complete should the contractor deny liability, yet the employer is keen to move in?

JCT_Experts · 5 February 2013 14:39

Under these circumstances, it is highly unlikely that the contractor would refuse consent as contractually such consent cannot be legally withheld, and in addition practical completion causes the rectification period to commence. This effectively ends the contractor’s Works insurance and also effectively terminates the period during which liquidated damages can be incurred and claimed.

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Under JCT Standard Building Contract 2009 contracts, what is the legal position if a serious defect arises when a Works in virtually complete should the contractor deny liability, yet the employer is keen to move in?

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