In the very recent case of Persimmon Homes Ltd & Others v Ove Arup & Partners Ltd & Others [2015] EWHC 3573 (TCC), Mr Justice Stuart-Smith helpfully set out the latest established principles in respect of the interpretation of contract terms. In that judgment he reiterated that the overarching objective for the Court is to identify the intention of the parties, something that may be achieved by determining "what a reasonable person having all the background knowledge which would reasonably have been available to the parties would have understood the parties to have meant".
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A query that is often raised is, can an Employer under a standard JCT contract make a deduction for Liquidated Damages in a case where a Contract Administrator has not made a decision in respect of a contractually compliant application for an extension of time submitted by a Contractor?
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December 2022
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