Liquidated Damages
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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.
Thax Andrew for ur valued comments.
sam
It does depend on what version of the JCT contract you are working on though - Im assuming its 1980 or later.
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.
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 certificatecan not consider as basis for any contractual issues .
Sam,
Can a non-completion certificate be backdated?
Regards,
Larry
hi akhilesh,
JCT stands for Joint Contracts Tribunal. its a Standard form of Construction Contract like FIDIC.
sam
Yes
Hi Sam
[English only, please - The Moderator]
Wht’s JCT contract?
Regards
Akhilesh Shukla