Practical Completion: Court of Appeal Provides General Guidance

Madeleine Brown and Bethany Gregory | Allen & Overy | June 27, 2019 A clause stating that a reduction in room size by more than 3% would be “deemed material” related only to the materiality of the variation from the contract drawings, rather than the materiality of the resulting breach of contract. Parties can agree… Continue reading Practical Completion: Court of Appeal Provides General Guidance

Practical Completion: Clarifying A “Trifling” Topic

Kiran Giblin and Kevin Greene | K&L Gates | June 5, 2019 In the recent case of Mears v Costplan [2019] EWCA Civ 502, the Court of Appeal provided significant clarity as to how courts should interpret the widely used but seldom defined term, “practical completion” in the context of construction contracts. In essence, it was held… Continue reading Practical Completion: Clarifying A “Trifling” Topic

When Do Defects Prevent Practical Completion?

Julian Bailey, Emma Knight and Helena Payne | White & Case | April 4, 2019 Practical completion represents the physical completion of works on construction projects. Despite its importance, it is not a legal term of art, and whether or not practical completion has been achieved requires determination on a case-by-case basis. The recent judgment in Mears Ltd v… Continue reading When Do Defects Prevent Practical Completion?

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