Delay is an inherent issue in construction projects, and construction contracts usually provide complex mechanisms for dealing with the delays that may arise. However, despite such provisions, delay is a common area for dispute and the question of which party has caused the delay can have significant financial consequences. The recent case of Jerram Falkus Construction (JFC) vs Fenice Investments explores the circumstances in which the prevention principle represents a possible defence for a party facing a liquidated damages claim. In this case, the prevention principle was summarised by Mr Justice Coulson to mean: "The employer cannot hold the contractor to a specified completion date if the employer has, by his own act or omission, prevented the contractor from completing by that date."
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