T017 L&AD

T017 L&AD

1. contractor late completing a contract is in breach and may need 2 pay damages

   • 2 types
     • liquidated
     • unliquidated

2. Damages in contracts

   • JCT
     • JCT SBC/IC/Prime Cost
       • LD's are inputted into the contract particulars
       • inc 4 sectional completion damages
       • no cap on LD's
       • ddt from sums due to contractor/
       • Non-completion cert must be issued as must appropriate payment notices
     • JCT Management Bdg contract
       • LD's are inputted into the contract particulars
       • inc 4 sectional completion damages
       • no cap on LD's
       • ddt from sums due to contractor
       • Non-completion cert must be issued as must appropriate payment notices
     • JCT D&B
       • LD's are inputted into the contract particulars
       • inc 4 sectional completion damages
       • Total liability does not apply 2 or is not affected by LD provisions
       • ddt from sums due to contractor
       • Non-completion cert must be issued as must appropriate payment notices
     • JCT MW
       • LD's are inputted into the contract particulars
       • No sectional completion damages
       • no cap on LD's
       • ddt from sums due to contractor
       • No provision 4 partial possession & non-completion certificate if NOT REQUIRED
     • JCT Mgm contract
       • Damages are Unliquidated
       • LD's not entered into the contract
       • No sectional completion damages
       • Cap on LD is irrelevant
       • ddt from sums due to contractor
       • No provisional for partial posession
   • NCE ECC
     • NEC ECC Option A to F
       • Delay damages are inputted in contract data Pt 1
       • inc 4 sectional completion damages
       • no cap on DD's the guidance book implies the standard contract data can be amended
       • Inc in PM certificate 2 MC & emp.
       • interest applicable if damages deducted and sub the completion date is revised. if delay damages is an optional clause is NOT selected then damages will be unliquidated
   • FIDIC
     • FIDIC red book
       • Delay damages are inputted in appendix to tende
       • inc 4 sectional completion damages
       • Enter text here
     • FIDIC Orange