Certificate Of Non Completion Jct
Completion under jct ice and nec.
Certificate of non completion jct. The certificate of non completion is issued by the contract administrator when the contractor fails to meet the agreed date of practical completion and the client is eligible for liquidated and ascertained damages. A notice of non completion clause 2 28 jct 2016 design and build. Isurv download jct minor works building contract with contractor s design 2016 pdf document templates. If the contractor fails to complete the works or a section by the relevant completion date the employer is required to issue a.
The subjectivity of this question can be traced to the wording in the standard form construction contracts which for the most part refer to practical completion without providing a clear definition. They subsequently issued an extension of time but no further. The jct intermediate building contract is constructed such that. On 3 october 2014 the contract administrator issued a certificate of non completion.
A non completion notice clause 2 28 if the contractor fails to complete the works or a section by the relevant completion date the employer is required to issue a notice to that effect being the non completion notice. If an extension if time is awarded subsequently a fresh non completion notice must be issued by the employer. Under a jct 2011 intermediate contract completion was delayed and the contract administrator issued a certificate of non completion. Some contracts such as the jct standard form of building contract require that the contract administrator issues the contractor with a certificate of non completion sometimes referred to as a non completion certificate or non completion notice as a prerequisite to claiming liquidated and ascertained damages.
Jct 2016 certificate of non completion for use with intermediate contract file type. A sample notice of non completion for use with jct intermediate and standard contracts in pdf and word format. In the case of octoesse llp v trak special projects ltd 2016 justice jefford held that octoesse was not entitled to deduct liquidated damages as they had agreed to an extension of time after a certificate of non completion had been issued. Practical completion pc was issued on 13 february 2015.