The case of Willow Corp Sarl vs MTD Contractors Ltd is one of the first to apply the principles on how to spot when practical completion has been achieved that were outlined in the recent Court of Appeal case of Mears Ltd vs Costplan Services (South East) Ltd. Lindy Patterson wrote about this case in her Building article in May (10 May, page 40). The court in Willow rightly referred to practical completion as an "elusive concept". It certainly turned out that way in this case. MTD had entered into a contract with Willow to design and build a Nobu hotel in Shoreditch. The intended completion date was 3 February 2017 but the project slipped into delay. The February date came and went, and this led to the parties discussing a phased handover of the hotel. At the same time MTD had raised claims for loss and expense and other cost overruns.
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