Archive: June 3, 2019

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PRACTICAL COMPLETION: CLARIFYING A “TRIFLING” TOPIC
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NEC4 Update – May 2019

PRACTICAL COMPLETION: CLARIFYING A “TRIFLING” TOPIC

By: Kevin Greene and Kirin Giblin

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 that practical completion should only be prevented by patent defects (i.e. those that can be discovered by reasonable inspection) where such defects are considered “more than trifling.”

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NEC4 Update – May 2019

By: Nicola J. Ellis and Charles D. Oliver

On 1 March 2019 the NEC published a revision to the NEC4 suite of contracts, first published in June 2017. Whilst generally focused on addressing typographical errors and/or terminology corrections, a more significant amendment has been made to clause 63.5 – a new clause introduced in NEC4 but subsequently critiqued for a lack of clarity.

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