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Liquidated Damages

9 replies [Last post]
Samagata Chakravorty
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Hi,

can any one comment on the following,

if the contractor delays completion but no effective non-completion certificate is issued by the architect/engineer under a JCT contract,will this mean that the employer loses the right to deduct liquidated damages?



regards
Sam

Replies

ashraf alawady
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In UAE ,we are using the general condition of contract which almost has ben extracted from FIDIC.

we have never used JCT.
Samagata Chakravorty
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Thax Andrew for ur valued comments.

sam
Andrew Flowerdew
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It does depend on what version of the JCT contract you are working on though - I’m assuming it’s 1980 or later.
Andrew Flowerdew
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Samagata,

Both the issue of a certificate and a request made in writing by the employer to deduct liquidated damages, are condition precedents to the Employer deducting liquidated damages.

A certificate of non completion can not be issued after issue of the final certificate and so if not issued before the final certificate, the employer will lose his rights to liquidated damages.
ashraf alawady
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The client can not lost his right due to non issuance of ’no effective non-completion certificate’ .
As per the contract the only certificate which can prove that the contractor has completed the woke and maintane it properly is the maintanace certificate.

That mean even the issuance of taking over certificate can not hold the client right to deduct the liquidqted dameges at any time befre issuing maintanace certificate.
Non issuance of ’ non-completion certificate’can not consider as basis for any contractual issues .
Larry Bjorn
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Sam,

Can a non-completion certificate be backdated?

Regards,
Larry
Samagata Chakravorty
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hi akhilesh,

JCT stands for Joint Contracts Tribunal. its a Standard form of Construction Contract like FIDIC.

sam
Oliver Johnstone
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Yes
Akhilesh Shukla, ...
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Hi Sam

[English only, please - The Moderator]
Wht’s JCT contract?


Regards

Akhilesh Shukla