Trustees of the Marc Gilbard 2009 Settlement Trust v OD Developments and Projects Ltd

Building contract – Contract administrator. The claimant sought declaratory relief as to the interpretation of the JCT standard building contract, without quantities, revision 2 (2009). The Technology and Construction Court held that the proper construction of cl 1.9.3 of the contract was that, following the issue of the final certificate, the contract provided for just one set of proceedings, started within 28 days, in which that final certificate could be challenged. The only exception to that was if the original proceedings had been commenced by way of adjudication: then, the position was governed by cl 1.9.4 of the contract, although a protective arbitration notice or claim form would also be permissible, provided that, too, had been issued within the 28 days.

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