- Project plans
- Project activities
- Legislation and standards
- Industry context
Last edited 21 Feb 2018
Octoesse LLP v Trak Special Projects Ltd
Octoesse LLP (the claimant) entered into an amended JCT Intermediate Building Contract with Trak Special Projects Ltd. (the defendant) for the construction of residential units. Practical completion was significantly later than the original completion date, and the defendant submitted a claim for an 18-week extension of time. They were awarded 9.5 weeks by the contract administrator. No further certificate of non completion was issued.
When the defendant issued a final certificate for payment, the claimant issued a pay less notice which deducted liquidated damages. An adjudication was begun by the defendant on the grounds that the pay less notice was invalid.
'If the Contractor fails to complete the Works or a Section by the relevant Completion Date, the Architect/Contract administrator shall issue a certificate to that effect. If an extension of time is made after the issue of such certificate, the extension shall cancel that certificate and the Architect/Contract Administrator shall where necessary issue a further certificate.'
The defendant argued that it was an express condition of the claimant’s entitlement to deduct liquidated damages that the contract administrator issued a certificate of non completion. Further, the effect of clause 2.22 was that when the extension of time had been given, it had cancelled the certificate of non completion.
If, on the other hand, the claimant had given notice of their intention to deduct damages, but an extension of time had then been made and a further certificate of non completion issued, then they would not need to give notice of the intention to deduct again.
 Find out more
 Related articles on Designing Buildings Wiki
Featured articles and news
Robotics and the construction industry.
ECA comments on CLC's three-phase recovery plan.
Their diplomatic and architectural history.
The origins of the six volume series.
Built to defend British waters, only to serve as pirate radio stations later.
Wellbeing to influence mix of home and office based working.
An introduction to cobotics.
Survey reports on outlook for the engineering sector.
A simple path to possible error avoidance.
Construction + technology = ConTech.
New low and high tech tools enter the marketplace.
Report looks at mental health in the built environment.
Radiant wall heating method to control rising damp.
What future infrastructure provision might look like.
Highlighting the health benefits of home improvement.
Pavilions for music, entertainment, and leisure. Book review.