Davies and Partners Construction Team report on a recent adjudication which arose out of a project for the construction of residential and retail units in London WC2.

Whenever time is extended, consideration should be given to whether any/a further certificate of non-completion should be issued. In a judgment dated 15 December 2016, Mrs Justice Jefford held that under a JCT Intermediate Form of Contract 2011, the Employer could not recover liquidated (delay) damages.

A first certificate of non-completion had been issued in respect of the completion date extended by a first extension of time. That certificate of non-completion could not be relied on in relation to failure to complete by the date fixed by a second extension of time. The first certificate was cancelled by the second extension of time. As a second certificate of non-completion had not been given, the Employer's pay less notice to deduct liquidated damages was invalid.

OCTOESSE LLP –v- TRAK SPECIAL PROJECTS LIMITED [2016] EWHC 3180 (TCC).The judgment may be viewed on Bailli click here