Under JCT Standard Building Contract 2009, in a case in which practical completion is achieved with a list of defects attached, is it legally permissible for an employer to deduct liquidated damages until termination, if this is delayed due to insolvency?

JCT_Experts · 5 February 2013 15:53

Quite simply, practical completion certificates should never be issued when defects exist. In the situation described in the question, the onus would be on the employer to seek adjudication or arbitration citing the inappropriate issuance of the practical completion certificate.

Topic		Replies	Views
If an employer terminates a contract in its late stages, is it legally permissible for an employer to subtract liquidated damages from the original contractor until the contract has been completed by other contractors? JCT Contracts	1	412	5 February 2013
If possession of the Works has been completed, it is still legally permissible for an employer to claim liquidated damages? JCT Contracts	1	438	5 February 2013
Under JCT Intermediate Building Contract 2009, if serious defects in a project become known, but the time for withholding notice has expired, is it legally permissible for an employer to offset the value against the certified amount? JCT Contracts	1	333	5 February 2013
If an employer suffers no loss, is it still legally permissible to deduct liquidated damages? JCT Contracts	1	505	5 February 2013
Liquidated Damages JCT Contracts	2	578	21 January 2022

Under JCT Standard Building Contract 2009, in a case in which practical completion is achieved with a list of defects attached, is it legally permissible for an employer to deduct liquidated damages until termination, if this is delayed due to insolvency?

Related Topics