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.
Member for
19 years 2 months
Member for19 years2 months
Submitted by ashraf alawady on Sun, 2006-09-10 03:13
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 .
Member for
19 years 2 monthsRE: Liquidated Damages
In UAE ,we are using the general condition of contract which almost has ben extracted from FIDIC.
we have never used JCT.
Member for
19 years 11 monthsRE: Liquidated Damages
Thax Andrew for ur valued comments.
sam
Member for
20 years 10 monthsRE: Liquidated Damages
It does depend on what version of the JCT contract you are working on though - Im assuming its 1980 or later.
Member for
20 years 10 monthsRE: Liquidated Damages
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.
Member for
19 years 2 monthsRE: 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 .
Member for
21 years 9 monthsRE: Liquidated Damages
Sam,
Can a non-completion certificate be backdated?
Regards,
Larry
Member for
19 years 11 monthsRE: Liquidated Damages
hi akhilesh,
JCT stands for Joint Contracts Tribunal. its a Standard form of Construction Contract like FIDIC.
sam
Member for
19 years 7 monthsRE: Liquidated Damages
Yes
Member for
20 years 3 monthsRE: Liquidated Damages
Hi Sam
[English only, please - The Moderator]
Wht’s JCT contract?
Regards
Akhilesh Shukla